20021212 TZHC Mbeya

- ·7Vlt WA· R_A IN 'IRE HIGH COURT- OF TANZANIA

AT MBEYA CIVIL CASE NO., 10 OF 2000 Co Ro Do B~ BANI( Lif{['l'ED o o o o ~ o o o oo o • o o o • • o,o 1 PLAINTIFF VER.SUS. . ffiUTHERN BI GHLA'\J!D GENEffi\L - . MERCI-L'.u'\JDI SE LIMITED ••••••••••••••••••••• . ' ., • o D:SFEI'l"DANT . . --. .. ~---...- - - - - - - ._ L__..,. .. ~ ~-,-.:........,_ ,JUDGI!iEN"T ......... ,.,,...~~--- .... i EX PJ\RTE . - - - ...- - - - - ~ - , - - · - - .. The plain~iff Bank brought a suit to recover tne principal sum of ~ I Shs 13,071 ,820 .20 with interest at the rate of 21% p~r 0 annum, costs and any other relief the Court may deem appropriate., . . The defendant is a limited liability company o The suit proceeded .~~~-2.?-FJ2. after a prayer in that behalf was grantedo Mr. MJ...:urnbe, learned counsel, hnlding brief for Mro Mliwata, learned counsel • for the plair.tiff, submitted that the defendant company was served with a summons for orders en 12th April 1 2000, but had failed to file her written statement of defence within twenty one days in co111pliance with the command of that swnmonso The plaintiff called one witness, f'lr.· Francis Nollel 1 her Branch Manager at Iringa. ,., .• !i ' Mr. Mollel testified that the plaintiff, upon request by the defendant 1 advanced to the latter a sun of Bhs.,12,·000,000.oo~·in ¥1ay, 1998 by way of an overdraft facility. The facility wa..s to remain in force for twelve months. It therefore expired in

April; 1999.. The facility attracted interest at the rate of 21% per annum., The facility remained uncleared and, by 28th - February, 2000, it had grown to a sum cf Shs.13,071,820.98 .. That amount is reflected in the bank statement which '.-vas tendered as Exhibit P.1. The overdraft facility was secured by a mortgage on two real properties with ·Title No. 17065 and Title No. 4105 - DLR. Both real properties are situated in the Nj~mbe tow:1shipo There was also a chatel mortgage on a motor vehicle, a Range Hewer, with Hegistration Noc TZF 908. eo.,/2 2 In the end, the plaintiff prays for judgment, interest and costs as outlined in the plaint and-~ elaborated on by the testimony of Mr;. Holell, PW., 1. I am satisfied, upon the oral evidence of PWo 1 as supported by documen- tary evidence., that indeed the defendant was advanced an overdraft facility in the sum of Shs .. 12 1 000 1 0¢0.00 sometime ;i.n May, 1998 and that that amount remained unsatisfied at the time the facility expired in April, 1999. I therefore enter judgment for .. th~ plaintiff as prayed in the plaint, with directions foat the plaintiff may recever the principal sum with interest . ri thereon and costs by sale in a public auction of the mortgaged properties and the chattel which were offerred as security for the loan. The defenda.~t has been served te receive th~ judgment._ The plaintiff shaJ.l have the costs of the suit., · · Delivered. Sgdr . ~-o H. :MACK.ANJA JUDJE . • 12/12/2002 Mro Mkwata, Adv.: For Plcintiff Mro John Solomon Jvibanga: For Defendant,_ Gertified true cepy ef the ~riginal Judgment Ex parte • ... -(~,/'----~.'.- ·. . f~//' nrs1fa cT runr s'mAR HIGH COURT OF TAN'.l!ANIA

MBEYA