isabela jonh vs silvester magembe cheyo 2 others 2004 tzhccomd 27 16 august 2004

isabela jonh vs silvester magembe cheyo 2 others 2004 tzhccomd 27 16 august 2004

The court found that the plaintiff voluntarily guaranteed the loan facility and surrendered her title deed as security, as evidenced by the Memorandum of Understanding and attested documents. The plaintiff failed to prove misrepresentation or fraud to the required standard, and her case was dismissed.

Citation
isabela jonh vs silvester magembe cheyo 2 others 2004 tzhccomd 27 16 august 2004
Parties
Plaintiff: Isabela John; 1st Defendant: Silvester Magembe Cheyo; 2nd Defendant: Provicom Industries Limited; 3rd Defendant: National Bureau De Change Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 August 2004
Procedural Posture
Commercial Case / Judgment
Outcome
Plaintiff's case dismissed with costs.
Legal Topics
Fraud, Misrepresentation, Guarantee, Mortgage, Burden of Proof
Source Language
English
Contract Law Property Law Banking Law Fraud Misrepresentation Guarantee Mortgage Burden of Proof

Case Brief

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Parties

Isabela John

Plaintiff

Silvester Magembe Cheyo

1st Defendant

Provicom Industries Limited

2nd Defendant

National Bureau De Change Ltd

3rd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff guaranteed the loan facility issued by the 3rd defendant to the 1st and 2nd defendants
  2. 2 Whether the plaintiff surrendered title deed No. 23306 for use as security for the loan
  3. 3 If so, what remedies are the parties entitled to

Ratio Decidendi

The court found that the plaintiff voluntarily guaranteed the loan facility and surrendered her title deed as security, as evidenced by the Memorandum of Understanding and attested documents. The plaintiff failed to prove misrepresentation or fraud to the required standard, and her case was dismissed.

Court Disposition

Plaintiff's case dismissed with costs.

Orders

  • Plaintiff's case is dismissed with costs.