eupharacie mathew rimisho ta emari provision store another vs tema enterprises limited another 2023 tzca 102 13 march 2023

eupharacie mathew rimisho ta emari provision store another vs tema enterprises limited another 2023 tzca 102 13 march 2023

The appellants are bound by the written loan agreement (Exhibit P2) which was admitted without objection and clearly established their liability for the consolidated loan of TZS 385,600,000.00 plus interest. The appellants failed to prove any ground to invalidate the agreement or their liability. The 1st respondent proved its claim on the balance of probabilities, and the trial court's judgment is upheld.

Citation
eupharacie mathew rimisho ta emari provision store another vs tema enterprises limited another 2023 tzca 102 13 march 2023
Parties
1st Appellant: Eupharacie Mathew Rimisho t/a Emari Provision Store; 2nd Appellant: Emar Company Limited; 1st Respondent: Tema Enterprises Limited; 2nd Respondent: Blandina Mathew Rimisho
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 March 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Loan Agreements, Breach of Contract, Burden of Proof, Admissibility of Evidence, Guarantor Liability, Interest on Loans, Pleadings and Estoppel
Source Language
English
Contract Law Commercial Law Loan Agreements Breach of Contract Burden of Proof Admissibility of Evidence Guarantor Liability Interest on Loans +1 more

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Parties

Eupharacie Mathew Rimisho t/a Emari Provision Store

1st Appellant

Emar Company Limited

2nd Appellant

Tema Enterprises Limited

1st Respondent

Blandina Mathew Rimisho

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the loan agreement for TZS 385,600,000.00 was valid and enforceable
  2. 2 Whether the appellants were liable for the outstanding loan and interest
  3. 3 Whether the trial court erred in admitting and relying on documentary evidence

Ratio Decidendi

The appellants are bound by the written loan agreement (Exhibit P2) which was admitted without objection and clearly established their liability for the consolidated loan of TZS 385,600,000.00 plus interest. The appellants failed to prove any ground to invalidate the agreement or their liability. The 1st respondent proved its claim on the balance of probabilities, and the trial court's judgment is upheld.

Court Disposition

Appeal dismissed with costs

Orders

  • Appellants to pay TZS 385,600,000.00 to the 1st respondent jointly and severally
  • Appellants to pay interest as per the agreement and court rates