20200820 TZHC Dar es Salaam

20200820 TZHC Dar es Salaam

The plaintiff proved on a balance of probability that the loan was advanced, the defendants defaulted, and the securities and guarantees were enforceable. The reliefs sought are granted as prayed.

Citation
20200820 TZHC Dar es Salaam
Parties
Plaintiff: KCB Bank Tanzania Ltd; 1st Defendant: Swai Saw Mill Ltd; 2nd Defendant: Julian James Moshi; 3rd Defendant: Digna Julian Moshi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 August 2020
Procedural Posture
Civil Case / Ex Parte Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Loan Default, Enforcement of Security, Personal Guarantee, Ex Parte Proceedings
Source Language
English
Banking Law Contract Law Civil Procedure Loan Default Enforcement of Security Personal Guarantee Ex Parte Proceedings

Case Brief

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Parties

KCB Bank Tanzania Ltd

Plaintiff

Swai Saw Mill Ltd

1st Defendant

Julian James Moshi

2nd Defendant

Digna Julian Moshi

3rd Defendant

Procedural Posture

Civil Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether the claimed loan amount was extended to the first defendant
  2. 2 Whether the first defendant defaulted in repaying the loan
  3. 3 What reliefs the plaintiff is entitled to

Ratio Decidendi

The plaintiff proved on a balance of probability that the loan was advanced, the defendants defaulted, and the securities and guarantees were enforceable. The reliefs sought are granted as prayed.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay TZS 307,419,635.65 to the plaintiff
  • Defendants to pay interest at 19% per annum (base lending rate) and 3% per annum (default rate) from 11/08/2015 to the date of judgment