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Tanzania Case Law

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Civil procedure CIVIL APPEAL NO 591 16 OF 2023 HAPPY ENGLISH MEDIUM SCHOOLS LIMITED ANOTHER VS GROFIN AFRICA FUND LIMITED 3 OTHERS

CIVIL APPEAL NO 591 16 OF 2023 HAPPY ENGLISH MEDIUM SCHOOLS LIMITED ANOTHER VS GROFIN AFRICA FUND LIMITED 3 OTHERS

Mortgaged properties cannot be accepted as security for stay of execution without a current valuation report proving their value exceeds the decreed amount; applicants must furnish security as directed by the court, either by bank guarantee or title deed of equivalent value.

  • Stay of execution
  • Security for due performance
  • Mortgage as security
  • Appeal procedure
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Civil procedure CIVIL APPLICATION NO 810 16 OF 2023 MOUNTAIN HILL NURSERY AND PRIMARY SCHOOL LIMITED VS INTERNATIONAL COMMERCIAL BANK TANZANIA LIMITED

CIVIL APPLICATION NO 810 16 OF 2023 MOUNTAIN HILL NURSERY AND PRIMARY SCHOOL LIMITED VS INTERNATIONAL COMMERCIAL BANK TANZANIA LIMITED

A mortgaged or encumbered property cannot be used as security for the due performance of a decree in an application for stay of execution; the applicant must provide a different form of security, such as a bank guarantee, for the decretal sum.

  • Stay of execution
  • Security for performance of decree
  • Mortgage as security
  • Loan default
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Contract law CIVIL APPEAL NO

CIVIL APPEAL NO

Appellant failed to prove existence of a valid contract and failed to substantiate claim for repayment of TZS. 70,000,000.00 on balance of probabilities; evidence did not support the pleaded case.

  • Existence of contract
  • Burden of proof
  • Loan repayment
  • Mortgage as security
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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.