crdb bank plc vs total dimension ea ltd 2 others 2023 tzhccomd 276 17 august 2023

Plaintiff satisfied the requirements for default judgment under Rule 22; defendants failed to defend or settle; court grants judgment and decree in favour of plaintiff.

Citation: crdb bank plc vs total dimension ea ltd 2 others 2023 tzhccomd 276 17 august 2023
Parties: Plaintiff: CRDB Bank PLC; 1st Defendant: Total Dimension (EA) Ltd; 2nd Defendant: Deogratus Francis Mushi; 3rd Defendant: Catherine Richard Shayo
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 17 August 2023
Procedural Posture: Commercial Case / Default Judgment
Outcome: judgment for plaintiff
Legal Topics: Loan Recovery, Default Judgment, Procedure Under Rule 22
Source Language: English

Banking Law Commercial Law Loan Recovery Default Judgment Procedure Under Rule 22

Case Brief

Summary, issues, holding and outcome

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Parties

CRDB Bank PLC

Plaintiff

Total Dimension (EA) Ltd

1st Defendant

Deogratus Francis Mushi

2nd Defendant

Catherine Richard Shayo

3rd Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

1 whether the plaintiff is entitled to recover the outstanding loan amount from the defendants
2 whether the plaintiff is entitled to interest and costs
3 whether the requirements of Rule 22 of the High Court (Commercial Division) Procedure Rules were satisfied

Ratio Decidendi

Plaintiff satisfied the requirements for default judgment under Rule 22; defendants failed to defend or settle; court grants judgment and decree in favour of plaintiff.

Court Disposition

judgment for plaintiff

Orders

Defendants to pay TZS 202,706,382.84 immediately to plaintiff.
Defendants to pay interest at 17% on decretal amount from date of filing to date of judgment until full payment.