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The High Court held the borrower breached an overdraft facility, but the bank could not sell the Tegeta property without 60 days’ notice. It ordered release of the Msongola title deed.
The High Court held that the defendants breached loan facility terms by failing to repay within the agreed periods and awarded the bank the outstanding debt and enforcement remedies.
There was a valid contractual relationship between the parties; defendants breached the loan facility agreement; plaintiff suffered loss; defendants liable for outstanding loan, interest, and damages.
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