IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM CIVIL APPEAL NO. 139 OF 2017 CRDB BANK LIMITED... VERSI 1, ISSACK B. MWAMASIKA... 2, REGISTERED TRUSTEES OF DAR ES SALAAM INTERNATIONAL SCHOOL TRUST FUND... 2" RESPONDENT 3. EDBP & GD CONSTRUCTION CO LTD. ° RESPONDENT (Appeal from the Judgment and Decree of the of the High Court of Tanzania ( Dar es Salaam District Registry) (Mkasimongwa, 3.) dated 19" day of January, 2017 In Court this 7 day of August, 2018 Before: The Honourable Mr. Justice I. H. Juma, Chief Justice, The Honourable Madame. Justice S. E. A. Mugasha, Justice of Appeal, And The Honourable Mr. Justice J. C. M. Mwambegele, Justice of Appeal, THIS APPEAL coming on for hearing this 25 day of July, 2018 in the presence of the Mr. Dilip Kesaria and Dr. Alex Nguluma, learned advocates for the appellant as well as Professor Gamaliel Mgongo Fimbo, Mr. Mpaya Kamara and Mr. Martin Matunda, learned advocates for the respondents, AND UPON HEARING, the parties when this appeal was stood over for Judgment and this appeal coming for Judgment this day; IT IS ORDERED that the appeal be and is hereby allowed and the judgment of the High Court is set aside. Costs to follow they event. 3. R. Kahyfoza REGISTRAR COURT OF APPEAL(T) { |IN THE COURT OF APPEAL OF TANZANIA ATDAR ES SALAAM (CORAM: JUMA, C.J., MUGASHA, J.A, And MWAMBEGELE, J.A.) CIVIL APPEAL NO. 139 OF 2017 CRDB BANK LIMITED... VERSUS 1. ISSACK B. MWAMASIKA. AST RESPONDENT 2. REGISTRERED TRUSTEES OF DAR ES SALAAM INTERNATIONAL SCHOOL TRUST FUND... 3. EDBP & GD CONTRUCTION CO. LTD, 2"? RESPONDENT 3°” RESPONDENT (Appeal from the Judgment and Decree of the High Court of Tanzania (Dar es Salaam District Registry) (Mkasimongwa, 3, dated the 19" day of January, 2017 in Civil Case No. 79 of 2012 JUDGMENT OF THE COURT 25" July, & 7 August, 2018 JUMA, C.3.: Little did the appellant CRDB BANK LIMITED realize that, its refusal to release to the respondents Title documents that was used as security for loan by the appellant to the 2™ respondent, would not only lead to a suit'in the High Court based on loss of business opportunities by 3% respondent, but also to an award of USD 30,000,000.00 in favour of three respondents, namely: (1) ISSACK B, MWAMASIKA, (2) 1