equity bank tanzania ltd vs regional logistis ltd 2 others 2023 tzhccomd 288 1 september 2023

equity bank tanzania ltd vs regional logistis ltd 2 others 2023 tzhccomd 288 1 september 2023

The plaintiff proved, on a balance of probabilities, that the defendants defaulted on the loan and guarantee obligations, and established the outstanding amounts by affidavit and supporting documents. The court is satisfied that the plaintiff is entitled to judgment in default for the proven sums and reliefs.

Source-derived case information.

Citation
equity bank tanzania ltd vs regional logistis ltd 2 others 2023 tzhccomd 288 1 september 2023
Parties
Plaintiff: Equity Bank (Tanzania) Ltd; 1st Defendant: Regional Logistics Limited; 2nd Defendant: Catherine Kettie Mhango; 3rd Defendant: Petro Odongo Kitiwa
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 September 2023
Procedural Posture
Commercial Case / Default Judgment
Outcome
judgment for the plaintiff in default
Legal Topics
Loan Default, Guarantee Enforcement, Ex Parte Proceedings, Debt Recovery
Source Language
english
Banking Law Contract Law Civil Procedure Loan Default Guarantee Enforcement Ex Parte Proceedings Debt Recovery

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Parties

Equity Bank (Tanzania) Ltd

Plaintiff

Regional Logistics Limited

1st Defendant

Catherine Kettie Mhango

2nd Defendant

Petro Odongo Kitiwa

3rd Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

  1. 1 Whether the defendants breached the loan agreement and deeds of guarantee
  2. 2 Whether the plaintiff is entitled to the claimed amounts and reliefs

Ratio Decidendi

The plaintiff proved, on a balance of probabilities, that the defendants defaulted on the loan and guarantee obligations, and established the outstanding amounts by affidavit and supporting documents. The court is satisfied that the plaintiff is entitled to judgment in default for the proven sums and reliefs.

Court Disposition

judgment for the plaintiff in default

Orders

  • Declaration that the 1st defendant is in breach and default of the facility letters
  • Declaration that the 1st and 2nd defendants are in breach of the deeds of guarantee