Christopher Paul Chale and 2 others vs Commercial Bank of Africa (Tanzania) Ltd, civil appeal no 452 of 2020.

This case provide write of bank to bring back the transaction from customers without consent if fraud or illegality has been done.

Also provide for Issue of obligation of gurantor after Mortgage terms have been varied.

“Under our Law o f Contract Act, a surety can only be discharged from his liability under six
conditions: –
(i) Where the terms o f the contract between the principal debtor and the creditor are varied without the consent
o f the surety.
(ii) When there is any contract between the creditor and the principal debtor,releasing the principal debtor; or where
there is any act or omission on the part o f the creditor, the legal consequence o f which is to discharge the principal