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In two important decisions delivered on 18 August 2026, the Court of Appeal of Tanzania clarified recurring issues in banking litigation concerning unregistered debentures, contractual debt recovery, mortgage variations, debt write-offs, and the evidentiary requirements applicable to banking and security documents.
27 August 26
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The decisions are:
- TIB Development Bank v. Isamilo Lodge Limited, Civil Appeal No. 583 of 2023, 2026 TZCA 984 (Court of Appeal of Tanzania at Mwanza, 18 August 2026); and
- Werasimbo John Emmanuel & Another v. Stanbic Bank Tanzania Limited & Others, Civil Appeal No. 375 of 2024, 2026 TZCA 983 (Court of Appeal of Tanzania at Mwanza, 18 August 2026).
Read together, the decisions draw an important distinction between the existence of a debt and the enforceability of the security securing it. An unregistered debenture may affect the enforceability of the charge, but it does not extinguish the underlying debt. Conversely, registration of a mortgage variation cannot validate an instrument procured without the contractually required notice, consent or proof of execution.
The decisions also confirm that banking records and disputed security documents must be proved in accordance with the Evidence Act and other applicable statutory requirements.
In this legal alert, we unpack what the Court of Appeal’s guidance means in practice for lenders, mortgagees and borrowers navigating secured lending disputes in Tanzania.
Click here to download and read the full alert.
Should you have any questions regarding this alert, please do not hesitate to contact Yassin Maka.
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Contributors
1. Marion Massawe – Trainee Lawyer
2. William Mushi – Trainee Lawyer