crdb bank ltd vs george a matandala another 2015 tzhc 2070 24 april 2015

Plaintiff failed to prove the claimed outstanding debt of T.Shs. 48,435,765/=; judgment entered for admitted debt of T.Shs. 14,900,000/= as 1st defendant breached loan contract.

Citation: crdb bank ltd vs george a matandala another 2015 tzhc 2070 24 april 2015
Parties: Plaintiff: CRDB Bank Limited; 1st Defendant: George A. Matandala; 2nd Defendant: Stulida Muhanze
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 April 2015
Procedural Posture: Civil / Final Judgment
Outcome: judgment for plaintiff in part
Legal Topics: Loan Agreement, Mortgage, Collateral, Pecuniary Jurisdiction, Burden of Proof
Source Language: English

Banking Contract Property Loan Agreement Mortgage Collateral Pecuniary Jurisdiction Burden of Proof

Case Brief

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Parties

CRDB Bank Limited

Plaintiff

George A. Matandala

1st Defendant

Stulida Muhanze

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether a medium term loan of T.Shs. 37,500,000/= was issued to the 1st defendant
2 Whether the 1st defendant breached the loan contract
3 Whether the sum of T.Shs. 48,435,765/= was the outstanding balance as at 30th March 2002

Ratio Decidendi

Plaintiff failed to prove the claimed outstanding debt of T.Shs. 48,435,765/=; judgment entered for admitted debt of T.Shs. 14,900,000/= as 1st defendant breached loan contract.

Court Disposition

judgment for plaintiff in part

Orders

1st defendant to pay T.Shs. 14,900,000/= within ten months
Each party to bear its own costs