20150424 TZHC Iringa

20150424 TZHC Iringa

The plaintiff failed to prove the claimed outstanding debt of T.Shs. 48,435,765/=, but the 1st defendant admitted indebtedness of T.Shs. 14,900,000/=. Judgment entered for the plaintiff for T.Shs. 14,900,000/=. No evidence supported the 2nd defendant's claims.

Citation
20150424 TZHC Iringa
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 / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Loan Agreements, Mortgage and Collateral, Burden of Proof, Pecuniary Jurisdiction
Source Language
English
Banking Law Contract Law Civil Procedure Loan Agreements Mortgage and Collateral Burden of Proof Pecuniary Jurisdiction

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

CRDB Bank Limited

Plaintiff

George A. Matandala

1st Defendant

Stulida Muhanze

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

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

Ratio Decidendi

The plaintiff failed to prove the claimed outstanding debt of T.Shs. 48,435,765/=, but the 1st defendant admitted indebtedness of T.Shs. 14,900,000/=. Judgment entered for the plaintiff for T.Shs. 14,900,000/=. No evidence supported the 2nd defendant's claims.

Court Disposition

judgment for plaintiff in part

Orders

  • Judgment for plaintiff for T.Shs. 14,900,000/=
  • 1st defendant to pay within 10 months from date of judgment