johanna else astrid van beest vs ayubu mika metili 2 others 2023 tzhccomd 240 25 april 2023

johanna else astrid van beest vs ayubu mika metili 2 others 2023 tzhccomd 240 25 april 2023

The Plaintiff failed to prove, by evidence, that the loan amounts were actually disbursed to the 1st and 2nd Defendants as required by the agreements, specifically due to absence of invoices and payment vouchers as stipulated; thus, no breach or liability was established.

Citation
johanna else astrid van beest vs ayubu mika metili 2 others 2023 tzhccomd 240 25 april 2023
Parties
Plaintiff: Johanna Else Astrid Van Beest; 1st Defendant: Ayubu Mika Metili; 2nd Defendant: Hamad Hamisi Kim; 3rd Defendant: Hamisi Rashid Kimu
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 April 2023
Procedural Posture
Commercial Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Loan Agreements, Breach of Contract, Evidence, Collateral/security
Source Language
English
Contract Law Commercial Law Loan Agreements Breach of Contract Evidence Collateral/security

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Johanna Else Astrid Van Beest

Plaintiff

Ayubu Mika Metili

1st Defendant

Hamad Hamisi Kim

2nd Defendant

Hamisi Rashid Kimu

3rd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the Plaintiff advanced loan in the sum of USD 63,000 to the 1st and 2nd Defendants in respect of loan agreements dated 5th May 2017 and 4th August 2017
  2. 2 What were the terms of the two loan agreements
  3. 3 Whether the 1st and 2nd Defendants breached terms of the loan agreements dated 5th May 2017 and 4th August 2017

Ratio Decidendi

The Plaintiff failed to prove, by evidence, that the loan amounts were actually disbursed to the 1st and 2nd Defendants as required by the agreements, specifically due to absence of invoices and payment vouchers as stipulated; thus, no breach or liability was established.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff's suit is dismissed with costs