By Mwanamkasi Jumbe
Advocate Ibrahim Bendera, representing the plaintiffs in a case filed by shareholders of the former Yetu Commercial Bank against the Bank of Tanzania (BoT), NMB Bank and the Attorney General, has requested the High Court of Tanzania, Dar es Salaam Sub-Registry, to proceed with the hearing against two of the three defendants.
Bendera made the application after BoT and NMB Bank failed to submit their written statements of defence within the stipulated timeframe.
The civil case, No. 24650 of 2025, involves shareholders of Yetu Commercial Bank – including the registered trustees of the Youth Self Employment Foundation (YOSEFO), Mr Cornelius Kasiya Kariwa, and Mr Altemius Ambros Milinga – suing BoT, NMB Bank, and the Attorney General.
Appearing before Judge Salma Maghimbi, Advocate Bendera stated that all three defendants had been served with court summons on 2nd October 2025, and had ample time to file their defences.
However, only the Attorney General’s Office filed its defence within the required period, while BoT filed late and NMB Bank failed to file altogether.
State Attorney Catherine Kiiza, representing BoT, asked the court to accept their late submission. Meanwhile, Advocate Mrano Mlekano, representing NMB Bank, sought a one-day extension to file their defence, citing disruptions caused by the general election and the need to obtain confidential documents from both NMB and BoT.
Advocate Bendera strongly opposed both requests, arguing that the defendants had sufficient time to respond. He urged Judge Maghimbi to proceed with the hearing based solely on the one defence submitted on time.
According to the Civil Procedure Code, defendants are required to file their written statements of defence within 21 days of receiving court summons, with a possible extension of seven days.
After hearing arguments from both sides, Judge Maghimbi adjourned the case to 18th October 2025.
The plaintiffs – representing over 12,000 shareholders of the defunct Yetu Commercial Bank – allege that BoT acted unlawfully by taking over the bank and transferring it to NMB Bank without compensating shareholders for their equity. They are demanding the return of the bank and full compensation.
The shareholders’ claims include special damages of TSh 6.18 billion, plus accrued interest from the date the bank was taken over. They are also seeking general damages amounting to TSh 2 billion from BoT and TSh 3 billion from NMB Bank, as compensation for the financial losses suffered. Before its closure, Yetu Commercial Bank served over 200,000 customers across eight regions in mainland Tanzania and Zanzibar.
