20150424 TZHC Iranga
The plaintiff knowingly signed a guarantee for a loan of T.Shs.5,000,000/=, and his property was validly used as collateral. The proclamation of sale was justified and truthful, thus not defamatory. The plaintiff failed to prove defamation or entitlement to damages.
- Citation
- 20150424 TZHC Iranga
- Parties
- Plaintiff: Edwin Sambala; 1st Defendant: National Microfinance Bank Ltd.; 2nd Defendant: MEM Auctioneers & General Brokers Ltd.
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2015
- Procedural Posture
- Land Case / Judgment
- Outcome
- Suit dismissed with costs.
- Legal Topics
- Defamation by Proclamation of Sale, Guarantor Liability, Mortgage Enforcement, General Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Edwin Sambala
Plaintiff
National Microfinance Bank Ltd.
1st Defendant
MEM Auctioneers & General Brokers Ltd.
2nd Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether Plot No. 161 Block 1B Lugalo Area, Iringa Municipality was collateral for a loan of T.Shs.5,000,000/= secured from the 1st defendant.
- 2 Whether the plaintiff guaranteed Nolasco Hyera to secure a loan of T.Shs.5,000,000/= from the 1st defendant.
- 3 Whether the defendants defamed the plaintiff.
Ratio Decidendi
The plaintiff knowingly signed a guarantee for a loan of T.Shs.5,000,000/=, and his property was validly used as collateral. The proclamation of sale was justified and truthful, thus not defamatory. The plaintiff failed to prove defamation or entitlement to damages.
Court Disposition
Suit dismissed with costs.
Orders
- Plaintiff's claims dismissed.
- Plaintiff to pay costs.
Full Case Text
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