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Tanzania Case Law

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Civil law DOMU SHAURI

DOMU SHAURI

The appellant failed to prove the value of the maize loan beyond his own testimony; the only independent witness (SU3) supported the respondent's version that the contract value was Tshs 180,000. The District Court's finding was correct and is upheld.

  • Loan dispute
  • Contract value
  • Evidence assessment
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Civil procedure CIVIL APPLICATION NO 753 06 OF 2024 IFINDU AGRIBUSINESS LIMITED VS TANZANIA COMMERCIAL BANK PLC AND 2 OTHERS

CIVIL APPLICATION NO 753 06 OF 2024 IFINDU AGRIBUSINESS LIMITED VS TANZANIA COMMERCIAL BANK PLC AND 2 OTHERS

The application is incompetent because the applicant failed to attach a notice of intended execution as required by rule 11(7)(d) of the Tanzania Court of Appeal Rules, 2009, a mandatory procedural requirement.

  • Stay of execution
  • Loan dispute
  • Compliance with procedural rules
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Civil procedure mussa mussa trading co ltd vs equity bank tanzania limited another 2022 tzhclandd 12577 15 november 2022

mussa mussa trading co ltd vs equity bank tanzania limited another 2022 tzhclandd 12577 15 november 2022

The High Court granted a temporary injunction restraining sale of mortgaged suit properties, finding the applicant met the three Atilio v Mbowe conditions.

  • Temporary injunction
  • Mortgage enforcement
  • Loan dispute
  • Temporary-injunction
  • Mortgage-enforcement
  • Loan-dispute
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Banking law anna investment co ltd 3 others vs national microfinance bank plc 2 others 2022 tzhclandd 769 26 july 2022

anna investment co ltd 3 others vs national microfinance bank plc 2 others 2022 tzhclandd 769 26 july 2022

The High Court dismissed a loan dispute, holding that the plaintiffs failed to prove an outstanding balance of Tshs. 3.56 billion on the balance of probabilities.

  • Loan dispute
  • Mortgage enforcement
  • Burden of proof
  • Pleadings and counterclaims
  • Loan-dispute
  • Burden-of-proof
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Land law said shaban dengwa vs enterpreneurs financial centers others 2019 tzhclandd 5 13 september 2019

said shaban dengwa vs enterpreneurs financial centers others 2019 tzhclandd 5 13 september 2019

The High Court set aside a land tribunal decision after finding procedural defects in the assessors’ opinions, including failure to provide individual written opinions.

  • Tribunal procedure
  • Assessors' opinions
  • Loan dispute
  • Property attachment
  • Land-law
  • Tribunal-procedure
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Civil procedure 20170427 TZHC Dar es Salaam

20170427 TZHC Dar es Salaam

The High Court struck out a temporary injunction application after finding it incompetent because no pending suit between the parties was shown.

  • Temporary injunction
  • Loan dispute
  • Security for loan
  • Procedural competence
  • Temporary-injunction
  • Civil-procedure
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Civil procedure AHACO OIL LTD VS APEL PETROLEUM LTD MISC

AHACO OIL LTD VS APEL PETROLEUM LTD MISC

Applicants demonstrated an arguable defense by admitting the loan and alleging partial repayment and discrepancies in the amount owed, thus satisfying the requirements for leave to defend under Order 35 Rule 3 of the Civil Procedure Code.

  • Summary procedure
  • Leave to defend
  • Negotiable instruments
  • Loan dispute
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Contract law 19910716 TZHC Tabora

19910716 TZHC Tabora

High Court appeal over a disputed Shs. 200,000 loan was dismissed after the court accepted corroborated evidence that the money had been advanced.

  • Loan dispute
  • Evidence assessment
  • Contract-law
  • Loan-dispute
  • Evidence-assessment
  • Civil-appeal
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Civil law 19821027 TZHC Mbeya

19821027 TZHC Mbeya

The High Court dismissed a civil appeal over an alleged loan and cow pledge, holding the claim was not proved on a balance of probabilities.

  • Loan dispute
  • Evidence assessment
  • Civil-procedure
  • Evidence
  • Loan-dispute
  • Witness-credibility
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.