GRACE RICHARD MATIKU SCANNED

GRACE RICHARD MATIKU SCANNED

The 2nd Plaintiff did not apply for or receive any loan beyond the initial TZS 250,000,000 facility, and the 1st Plaintiff only guaranteed that specific loan. The signatures and correspondence for subsequent loans were not attributable to the Plaintiffs but to the 3rd Defendant in the counterclaim, who admitted involvement. Therefore, the Plaintiffs are not liable for the outstanding debts claimed in the counterclaim, except the 3rd Defendant in the counterclaim, who is liable for the full amount.

Citation
GRACE RICHARD MATIKU SCANNED
Parties
1st Plaintiff (main Suit) / 2nd Defendant (counter Claim): Grace Richard Matiku; 2nd Plaintiff (main Suit) / 1st Defendant (counter Claim): Richard Mwera Nicholaus Matiku; 1st Defendant (main Suit) / Plaintiff (counter Claim): Azania Bank Limited; 2nd Defendant (main Suit): Equator Auto Mech Limited; 3rd Defendant (main Suit) / 3rd Defendant (counter Claim): Ramesh Naran Bhai Patel; 4th Defendant (main Suit): Mark Auctioner & Court Brokers Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Land Case / Judgment
Outcome
Suit and counterclaim partly allowed as specified.
Legal Topics
Loan Agreements, Mortgage, Fraud, Guarantee, Counterclaim, Damages
Source Language
English
Banking Law Land Law Contract Law Loan Agreements Mortgage Fraud Guarantee Counterclaim +1 more

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Parties

Grace Richard Matiku

1st Plaintiff (main Suit) / 2nd Defendant (counter Claim)

Richard Mwera Nicholaus Matiku

2nd Plaintiff (main Suit) / 1st Defendant (counter Claim)

Azania Bank Limited

1st Defendant (main Suit) / Plaintiff (counter Claim)

Equator Auto Mech Limited

2nd Defendant (main Suit)

Ramesh Naran Bhai Patel

3rd Defendant (main Suit) / 3rd Defendant (counter Claim)

Mark Auctioner & Court Brokers Co. Ltd

4th Defendant (main Suit)

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the 2nd Plaintiff applied for and was granted various facilities by Bank M Tanzania as alleged
  2. 2 Whether the 1st Plaintiff guaranteed/secured any other loan apart from the first loan
  3. 3 Whether the 1st Plaintiff and 3rd Defendant in counterclaim guaranteed loans of the 2nd Plaintiff

Ratio Decidendi

The 2nd Plaintiff did not apply for or receive any loan beyond the initial TZS 250,000,000 facility, and the 1st Plaintiff only guaranteed that specific loan. The signatures and correspondence for subsequent loans were not attributable to the Plaintiffs but to the 3rd Defendant in the counterclaim, who admitted involvement. Therefore, the Plaintiffs are not liable for the outstanding debts claimed in the counterclaim, except the 3rd Defendant in the counterclaim, who is liable for the full amount.

Court Disposition

Suit and counterclaim partly allowed as specified.

Orders

  • 1st Defendant (Azania Bank) to immediately discharge and handover title No. 125019 on Plot No. 2274, Block 'L' Mbezi Area, Kinondoni, Dar es Salaam to the 1st Plaintiff (Grace Richard Matiku).
  • General damages claim disallowed.