japhary gasto gwikoze vs wahumila future group 2020 tzhc 877 29 may 2020
The loan agreement was unenforceable as the respondent was not licensed or registered to conduct lending business, contravening mandatory legal requirements.
- Citation
- japhary gasto gwikoze vs wahumila future group 2020 tzhc 877 29 may 2020
- Parties
- Appellant: Jafary Gasto Gwikonze; Respondent: Wamuhila Future Group
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 May 2020
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Loan Enforceability, Legal Personality, Business Licensing, Jurisdiction, Locus Standi
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Parties
Jafary Gasto Gwikonze
Appellant
Wamuhila Future Group
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the respondent had locus standi to sue
- 2 Whether the respondent could legally lend money and charge interest
- 3 Whether the Primary Court had jurisdiction
Ratio Decidendi
The loan agreement was unenforceable as the respondent was not licensed or registered to conduct lending business, contravening mandatory legal requirements.
Court Disposition
appeal allowed
Orders
- each party to bear its own costs
Full Case Text
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