ernest tarimo vs jasiri creditors ltd v2ors 2022 tzhc 14762 30 june 2022

ernest tarimo vs jasiri creditors ltd v2ors 2022 tzhc 14762 30 june 2022

The agreement between the appellant and respondents was valid and enforceable as it met all legal requirements, and the appellant failed to honor his obligations under the contract. The legality of the first respondent's business was not challenged at trial and does not affect the enforceability of the contract.

Citation
ernest tarimo vs jasiri creditors ltd v2ors 2022 tzhc 14762 30 june 2022
Parties
Appellant: Ernest Tarimo; 1st Respondent: Jasiri Creditors Limited; 2nd Respondent: Dr. Deogratius Matanda Soka; 3rd Respondent: Dr John Gamalieli Masuki
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Validity of Contract, Money Lending, Guarantee, Registration of Money Lenders, Sanctity of Contract
Source Language
English
Contract Law Banking and Finance Validity of Contract Money Lending Guarantee Registration of Money Lenders Sanctity of Contract

Case Brief

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Parties

Ernest Tarimo

Appellant

Jasiri Creditors Limited

1st Respondent

Dr. Deogratius Matanda Soka

2nd Respondent

Dr John Gamalieli Masuki

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the loan agreement between the appellant and respondents was valid
  2. 2 Whether the first respondent's business as a money lender was lawful
  3. 3 Whether the appellant breached the loan agreement

Ratio Decidendi

The agreement between the appellant and respondents was valid and enforceable as it met all legal requirements, and the appellant failed to honor his obligations under the contract. The legality of the first respondent's business was not challenged at trial and does not affect the enforceability of the contract.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs