Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court of Tanzania dismissed most of an employee-borrower’s appeal over staff loans, upholding default liability, notice service, damages, interest, and costs.
The Court of Appeal held the bank proved an overdraft debt and that lack of a default notice did not defeat recovery after expiry of the facility.
The High Court refused an application to extend time to file a notice of appeal, holding the alleged illegality was not apparent on the record and the applicant was not diligent.
The failure by the trial tribunal chairperson to require the assessor to state the contents of his written opinion in the presence of the parties before judgment was composed is a fundamental procedural irregularity that renders the proceedings and judgment a nullity.
Source excerpt
The appellants, as guarantors, were contractually and statutorily liable for the borrower's defaulted loan and overdraft facilities; the appointment of a financial controller and the sale of mortgaged property by public auction were lawful and in accordance with the contract and law; proper notice of default was served; and the trial proceedings were regular. The non-joinder of the borrower did not affect the outcome.
Source excerpt
The High Court granted temporary injunction relief restraining sale of the applicant’s mortgaged properties, pending determination of the main land case.
Except for ground six, the appellants failed to prove their claims; evidence established loan disbursement, proper notice of default, and absence of judicial bias. The mortgage sale did not occur, and the property remained with the appellants. The appeal was dismissed with costs, except for the finding that the 2nd respondent lacked mandate to sell the mortgaged property.
Source excerpt
The Court of Appeal held that the Commercial Division had jurisdiction over a loan dispute secured by mortgage, and that default-notice objections needed evidence.
The High Court held that sale of mortgaged land was unlawful for lack of statutory notice, set it aside, and barred further sales without compliance.
The suit in respect of the overdraft facility (P-1) was premature for lack of a mandatory demand notice and is struck out. The business loan (P-2) did not require prior notice for enforcement, and the Plaintiff is entitled to recover the outstanding balance and interest. The defense of frustration was not established as the alleged event was not essential to the contract and was not proven.
Source excerpt
Explore more
