crdb bank plc vs man company ltd 2 others 2023 tzhccomd 157 2 june 2023

Plaintiff proved breach of contract and loan default by defendants, supported by affidavit and annexures; defendants were properly served but failed to defend, entitling plaintiff to default judgment under Rule 22(1).

Citation: crdb bank plc vs man company ltd 2 others 2023 tzhccomd 157 2 june 2023
Parties: Plaintiff: CRDB Bank PLC; 1st Defendant: Man Company Ltd; 2nd Defendant: Manfred Oswald Kapusi; 3rd Defendant: Tutindanga Jacob Mwalwisi
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 2 June 2023
Procedural Posture: Commercial Case / Default Judgment
Outcome: judgment for plaintiff
Legal Topics: Loan Default, Guarantee Liability, Breach of Contract, Substituted Service, Default Judgment
Source Language: English

Banking Contract Commercial Law Loan Default Guarantee Liability Breach of Contract Substituted Service Default Judgment

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Parties

CRDB Bank PLC

Plaintiff

Man Company Ltd

1st Defendant

Manfred Oswald Kapusi

2nd Defendant

Tutindanga Jacob Mwalwisi

3rd Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

1 Whether the plaintiff is entitled to reliefs sought due to breach of contract and loan default
2 Whether proper service was effected and defendants failed to defend

Ratio Decidendi

Court Disposition

judgment for plaintiff

Orders

Defendants to pay plaintiff TZS 467,048,495.30 as principal and accrued amount as of 10/8/2021.
Defendants to pay plaintiff interest at 23% on principal from date of filing to date of judgment.