NICODEMUS YOHANA NYAMAJEJE VS CRDB BANK COMM CASE NO

NICODEMUS YOHANA NYAMAJEJE VS CRDB BANK COMM CASE NO

The evidence established that after the auction of the mortgaged property, the plaintiff remained indebted to the first defendant in the sum of Tshs. 15,009,390/40, and the first defendant was entitled to recover this amount with agreed and court interest, as well as costs.

Source-derived case information.

Citation
NICODEMUS YOHANA NYAMAJEJE VS CRDB BANK COMM CASE NO
Parties
Plaintiff/defendant to Counterclaim: Nicodemus Yohana Nyamajeje; Defendant/plaintiff to Counterclaim: CRDB Bank; Defendant: Eagle Auctionmart & General Brokers; Defendant: Aloyce Kumalija
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2013
Procedural Posture
Commercial Case and Counterclaim / Ruling on Counterclaim After Dismissal of Main Suit for Want of Prosecution
Outcome
Judgment for the first defendant on the counterclaim; plaintiff to pay outstanding loan, interest, and costs.
Legal Topics
Loan Default, Mortgage Enforcement, Public Auction, Counterclaim, Interest Calculation, Costs
Source Language
english
Banking Law Secured Transactions Civil Procedure Loan Default Mortgage Enforcement Public Auction Counterclaim Interest Calculation +1 more

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Parties

Nicodemus Yohana Nyamajeje

Plaintiff/defendant to Counterclaim

CRDB Bank

Defendant/plaintiff to Counterclaim

Eagle Auctionmart & General Brokers

Defendant

Aloyce Kumalija

Defendant

Procedural Posture

Commercial Case and Counterclaim / Ruling on Counterclaim After Dismissal of Main Suit for Want of Prosecution

Legal Issues

  1. 1 Whether the plaintiff owed the first defendant Tshs. 15,009,390/40 as alleged in the counterclaim
  2. 2 What reliefs, if any, are the parties entitled to

Ratio Decidendi

The evidence established that after the auction of the mortgaged property, the plaintiff remained indebted to the first defendant in the sum of Tshs. 15,009,390/40, and the first defendant was entitled to recover this amount with agreed and court interest, as well as costs.

Court Disposition

Judgment for the first defendant on the counterclaim; plaintiff to pay outstanding loan, interest, and costs.

Orders

  • Plaintiff to pay first defendant Tshs. 15,009,390/= as outstanding principal loan plus interest as at 20.08.2013.
  • Plaintiff to pay first defendant interest at 20% per annum on the principal amount from 20.08.2013 to the date of judgment.