Skip to document content Skip to main menu Skip to search

High Court Commercial Division

The Commercial Court was officially inaugurated on 15th September, 1999. The Government of Tanzania endorsed the recommendations in 1997. It is a division of the High Court of Tanzania. The difference with other High Court Registries is that this court specializes in the determination of commercial disputes only.

Visit website

https://www.comcourt.go.tz/comcourt/

1 judgment

Advanced search

All years

All months

Filters

Sort by:

1 judgment

Citation	Judgment date
February 2009
Balbil Singh Saini & another vs Saving & Finance Commercial Bank Limited & another (Commercial Case No. 83 of 2006) [2009] TZHCComD 2 (12 February 2009) Bank unlawfully debited joint accounts to secure a third party loan; lien not proved and bank breached duty, damages awarded. Banking law – validity of security over deposits – authenticity of lien instrument and handwriting proof. Banker–customer duty – duty of care to joint account holders; need to ensure informed consent and independent legal advice when accepting security. Evidence – admissibility and weight of forensic handwriting reports; official report formalities and chain of command. Remedies – release of wrongfully debited funds with contractual interest; award of punitive and general damages.	12 February 2009

Citation

Judgment date

February 2009

Balbil Singh Saini & another vs Saving & Finance Commercial Bank Limited & another (Commercial Case No. 83 of 2006) [2009] TZHCComD 2 (12 February 2009)

Bank unlawfully debited joint accounts to secure a third party loan; lien not proved and bank breached duty, damages awarded.

Banking law – validity of security over deposits – authenticity of lien instrument and handwriting proof. Banker–customer duty – duty of care to joint account holders; need to ensure informed consent and independent legal advice when accepting security. Evidence – admissibility and weight of forensic handwriting reports; official report formalities and chain of command. Remedies – release of wrongfully debited funds with contractual interest; award of punitive and general damages.

12 February 2009