Tanzania Case Law

ayubu samson sanga ta ayubu samson enterprises vs kcb t ltd 2023 tzhclandd 17281 18 december 2023

Court

TANZLII

Both parties breached contract terms; plaintiff must repay loan but at agreed 21% interest, not 22%. Defendant breached by deducting repayments before grace period expired and charging excess interest. Defendant lawfully issued default notice and may sell mortgaged property if plaintiff defaults.

Source excerpt

• Loan agreements
• Mortgage enforcement
• Interest rate disputes
• Breach of contract
• Covid-19 impact on contracts

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stanbic bank t ltd vs maxcom africa public ltd 7 others 2023 tzhccomd 103 6 april 2023

Court

TZHCCOMD

The 1st defendant breached facility letters by defaulting repayment of term loan and overdraft. The 2nd to 8th defendants, as guarantors, are liable due to co-extensive liability and knowledge of default. No frustration occurred as restructuring and business continued after government service termination. No new binding financial arrangement was formed as conditions for acceptance of facility letter dated 5th May 2021 were not met. Interest rates agreed were contractual, below Central Bank threshold, and not proven illegal or exorbitant. Plaintiff entitled to outstanding sum, post-judgment in…

Source excerpt

• Loan default
• Guarantee liability
• Mortgage enforcement
• Interest rate disputes
• Contractual breach
• Frustration of contract

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dr mary andrew mgonja vs ncb bank tanzania ltd 2022 tzhccomd 297 5 september 2022

Court

TZHCCOMD

The High Court held that the bank breached fixed deposit and loan agreements by altering interest terms without proper notice and awarded the plaintiff underpaid interest.

• Breach of contract
• Interest rate disputes
• Fixed deposit agreements
• Duty of care
• Consumer protection
• Breach-of-contract

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national bank of commerce ltd vs universal electronics and hardware ltd 2 others 2004 tzhccomd 18 10 december 2004

Court

TZHCCOMD

Bank debt write-off did not discharge borrowers or guarantors; court awarded the proved debt, upheld guarantee liability, and found jurisdiction to order sale if unpaid.

• Debt recovery
• Guarantee liability
• Debenture enforcement
• Interest rate disputes
• Jurisdiction
• Estoppel

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