Joseph Damian FDJ SENG Vs

Joseph Damian FDJ SENG Vs

Plaintiffs proved existence of loan and mortgage, entitlement to documents, and that certain properties were not part of mortgage. Statutory notice requirements were complied with, but plaintiffs entitled to declaration of ownership for properties not mortgaged and to be furnished with relevant documents.

Citation
Joseph Damian FDJ SENG Vs
Parties
1st Plaintiff: Joseph Fabian Damian; 2nd Plaintiff: FDJ Seng & Company Limited; 1st Defendant: SME Impact Finance Fund Tanzania Limited; 2nd Defendant: Mangwembe 2011 Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 July 2023
Procedural Posture
Civil Case / Ex Parte Judgment
Outcome
Suit partly allowed
Legal Topics
Mortgage, Loan Agreement, Guarantor Liability, Procedural Compliance
Source Language
English
Civil Law Property Law Contract Law Mortgage Loan Agreement Guarantor Liability Procedural Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joseph Fabian Damian

1st Plaintiff

FDJ Seng & Company Limited

2nd Plaintiff

SME Impact Finance Fund Tanzania Limited

1st Defendant

Mangwembe 2011 Company Limited

2nd Defendant

Procedural Posture

Civil Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether the 2nd plaintiff entered a loan contract with the 1st defendant
  2. 2 Whether the 1st plaintiff mortgaged specified properties
  3. 3 Whether the 1st defendant issued loan and mortgage contracts to plaintiffs

Ratio Decidendi

Plaintiffs proved existence of loan and mortgage, entitlement to documents, and that certain properties were not part of mortgage. Statutory notice requirements were complied with, but plaintiffs entitled to declaration of ownership for properties not mortgaged and to be furnished with relevant documents.

Court Disposition

Suit partly allowed

Orders

  • Declaration that 1st plaintiff is owner of house No. 482 at Sengerema and Godown at Kagongwa Kahama, Shinyanga as they were not part of mortgaged properties.
  • Order that 1st plaintiff is entitled to be furnished with mortgage deed and payment schedule to loan advanced to 2nd plaintiff.