thomas antony mbega and another vs michael herman mrema and 2 others 2021 tzhccomd 3472 26 november 2021

thomas antony mbega and another vs michael herman mrema and 2 others 2021 tzhccomd 3472 26 november 2021

Plaintiffs failed to prove misrepresentation by 3rd defendant; valid home loan contract existed. Agreement for substitution of title deed and repayment by 1st and 2nd defendants was proved and breached. Plaintiffs entitled to repayment and mortgage substitution.

Citation
thomas antony mbega and another vs michael herman mrema and 2 others 2021 tzhccomd 3472 26 november 2021
Parties
1st Plaintiff: Thomas Antony Mbega; 2nd Plaintiff: Thomas Antony Mbega (Administrator of estate of the late Lilian Thomas Mbega); 1st Defendant: Michael Herman Mrema; 2nd Defendant: Lipina Michael Mrema T/A Basic Stop Shop; 3rd Defendant: First National Bank
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 November 2021
Procedural Posture
Commercial Case / Final Judgment
Outcome
Suit allowed in part; judgment for plaintiffs.
Legal Topics
Loan Guarantee, Mortgage Substitution, Misrepresentation, Breach of Contract, Injunction
Source Language
English
Contract Law Banking Law Civil Procedure Loan Guarantee Mortgage Substitution Misrepresentation Breach of Contract Injunction

Case Brief

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Parties

Thomas Antony Mbega

1st Plaintiff

Thomas Antony Mbega (Administrator of estate of the late Lilian Thomas Mbega)

2nd Plaintiff

Michael Herman Mrema

1st Defendant

Lipina Michael Mrema T/A Basic Stop Shop

2nd Defendant

First National Bank

3rd Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

  1. 1 Validity of home loan agreement between plaintiffs and 3rd defendant
  2. 2 Existence and guarantee of agreement for substitution of title deed
  3. 3 Existence of agreement for repayment of home loan by 1st and 2nd defendants

Ratio Decidendi

Plaintiffs failed to prove misrepresentation by 3rd defendant; valid home loan contract existed. Agreement for substitution of title deed and repayment by 1st and 2nd defendants was proved and breached. Plaintiffs entitled to repayment and mortgage substitution.

Court Disposition

Suit allowed in part; judgment for plaintiffs.

Orders

  • 1st and 2nd defendants to pay TZS 315,000,000 to plaintiffs as loan guaranteed.
  • Interest at 22% on TZS 315,000,000 from date paid until indemnification.