crdb bank plc vs greens construction ltd 3 others 2022 tzhccomd 374 28 november 2022

The plaintiff proved, on a balance of probabilities, that the loan was advanced, not repaid as agreed, and the outstanding amount is due. The defendants' failure to respond or defend entitles the plaintiff to judgment as claimed.

Citation: crdb bank plc vs greens construction ltd 3 others 2022 tzhccomd 374 28 november 2022
Parties: Plaintiff: CRDB Bank PLC; 1st Defendant: Greens Construction Ltd; 2nd Defendant: Hamimu Hussein Bakari; 3rd Defendant: Ernest Samson Laizer; 4th Defendant: Hamisi Jafari Luziga
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 28 November 2022
Procedural Posture: Commercial Case / Default Judgment
Outcome: judgment for the plaintiff
Legal Topics: Loan Default, Guarantee Enforcement, Interest Calculation, Debt Recovery
Source Language: English

Banking Law Contract Law Loan Default Guarantee Enforcement Interest Calculation Debt Recovery

Case Brief

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Parties

CRDB Bank PLC

Plaintiff

Greens Construction Ltd

1st Defendant

Hamimu Hussein Bakari

2nd Defendant

Ernest Samson Laizer

3rd Defendant

Hamisi Jafari Luziga

4th Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

1 Whether the defendants are liable to pay the outstanding loan and interest as claimed by the plaintiff
2 Whether the plaintiff has proved its claims on a balance of probabilities

Ratio Decidendi

Court Disposition

judgment for the plaintiff

Orders

Defendants to pay TZS 124,888,498.48 jointly and severally to the plaintiff
Interest at 20% per annum on the above sum from 23rd May, 2022 to the date of judgment