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Tanzania Case Law

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Civil procedure Ruling Sabo

Ruling Sabo

The High Court in Mwanza dismissed an interim injunction application over a disputed motor vehicle, finding no prima facie case, irreparable loss, or balance of convenience.

  • Interim injunction
  • Lease agreement
  • Repossession
  • Irreparable loss
  • Balance of convenience
  • Interim-injunction
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Contract law encod ltd vs stanbic bank t ltd by way of counter claim stanbic bank t ltd vs encod ltd 2 others 2023 tzhccomd 397 15 december 2023

encod ltd vs stanbic bank t ltd by way of counter claim stanbic bank t ltd vs encod ltd 2 others 2023 tzhccomd 397 15 december 2023

The High Court dismissed ENCOD’s claim over a repossessed vehicle and allowed Stanbic Bank’s counterclaim for the outstanding VAF debt, holding the borrower defaulted under the contract.

  • Breach of contract
  • Vehicle asset financing
  • Repossession
  • Counterclaim
  • Damages
  • Interest on debt
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Commercial law east african development vs hood transport co ltd others 2023 tzhccomd 311 21 september 2023

east african development vs hood transport co ltd others 2023 tzhccomd 311 21 september 2023

The High Court struck out a repossession application under the Financial Leasing Act after finding the 2nd and 3rd respondents were improperly joined.

  • Financial leasing
  • Joinder of parties
  • Preliminary objection
  • Natural justice
  • Commercial-law
  • Financial-leasing
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Contract law richard j kamanya vs elius s elizeus 2022 tzhc 12354 31 august 2022

richard j kamanya vs elius s elizeus 2022 tzhc 12354 31 august 2022

High Court appeal over a motorcycle sale agreement turned on contract interpretation, weekly payment terms, and whether failure to pay justified repossession.

  • Breach of contract
  • Interpretation of contract terms
  • Primary court procedure
  • Sanctity of contract
  • Breach-of-contract
  • Contract-interpretation
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Contract law jonas joshua bushambali vs equity for tanzania ltd efta 2022 tzhc 9998 21 february 2022

jonas joshua bushambali vs equity for tanzania ltd efta 2022 tzhc 9998 21 february 2022

The trial court had jurisdiction to entertain the repossession application under the Financial Leasing Act despite the arbitration clause, as the agreement and statute expressly provided for repossession in case of default, and the application did not require a main suit. The previous ruling involved different reliefs and was not contradictory.

  • Financial leasing
  • Arbitration clauses
  • Jurisdiction
  • Repossession
  • Procedure under special statutes
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Civil procedure luhumbo investment ltd vs national bank of commerce 2020 tzhc 184 28 february 2020

luhumbo investment ltd vs national bank of commerce 2020 tzhc 184 28 february 2020

No effective decree can be passed in the absence of Bundaa Oil Industries Limited, a necessary party, as per Order XXXII Rule 1 of the Civil Procedure Code and the Court of Appeal's decision in Abdullatif Mohamed Hamis. The suit must be struck out for non-joinder.

  • Non-joinder of necessary party
  • Mortgage suits
  • Nullification of sale
  • Repossession
  • Special damages
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Contract law CATA MINING CO

CATA MINING CO

The High Court held that Cata Mining breached a rental agreement and upheld the defendant’s counterclaim for rental arrears, interest, and repossession of leased equipment.

  • Breach of contract
  • Rental agreements
  • Damages
  • Repossession
  • Breach-of-contract
  • Rental-agreements
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Banking law NATIONAL BANK OF COMMERCE LTD VS GRACIOUS ERNEST MBEMBATI COMM CASE NO

NATIONAL BANK OF COMMERCE LTD VS GRACIOUS ERNEST MBEMBATI COMM CASE NO

The court held that the plaintiff proved the outstanding debt, but the 1st defendant was entitled to set off THz 42,000,000 as his contribution to the truck purchase, with interest, due to the bank's failure to provide notice before repossession and sale at an undervalued price. The defendants are jointly and severally liable for the balance after set off.

  • Loan default
  • Chattel mortgage
  • Repossession
  • Set off
  • Interest rates
  • Receiver appointment
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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.