evodi vitalis silemu vs national microfinance bank plc another 2017 tzhc 2221 8 february 2017

evodi vitalis silemu vs national microfinance bank plc another 2017 tzhc 2221 8 february 2017

The plaintiff failed to prove locus standi as the suit was instituted in a name different from that used in the loan transaction, and no legal documentary evidence was provided to show both names referred to the same person. Therefore, the suit was incompetent.

Citation
evodi vitalis silemu vs national microfinance bank plc another 2017 tzhc 2221 8 february 2017
Parties
Plaintiff: Evodi Vitalis Silemu; 1st Defendant: National Microfinance Bank PLC; 2nd Defendant: Mwafrika Group Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2017
Procedural Posture
Land Case / Judgment
Outcome
Suit struck out with costs
Legal Topics
Locus Standi, Mortgage, Auction Sale, Loan Agreement
Source Language
English
Civil Procedure Land Law Locus Standi Mortgage Auction Sale Loan Agreement

Case Brief

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Parties

Evodi Vitalis Silemu

Plaintiff

National Microfinance Bank PLC

1st Defendant

Mwafrika Group Ltd

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the suit house was mortgaged by the plaintiff to secure the loan
  2. 2 Whether the sale of the suit house was lawful
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff failed to prove locus standi as the suit was instituted in a name different from that used in the loan transaction, and no legal documentary evidence was provided to show both names referred to the same person. Therefore, the suit was incompetent.

Court Disposition

Suit struck out with costs

Orders

  • The suit is struck out with costs.