20210902 TZHC Dar es Salaam

20210902 TZHC Dar es Salaam

The plaintiff failed to prove fraud or that he only guaranteed TShs. 10,000,000; the mortgage deed clearly showed TShs. 40,000,000 with his signature on all pages. The absence of spousal consent was negated by the plaintiff's own representation in the mortgage deed that he was not married. The 2nd defendant (bank) followed proper procedures and is not liable; liability lies solely with the 1st defendant.

Citation
20210902 TZHC Dar es Salaam
Parties
Plaintiff: Mikidadi Said Ulaya; 1st Defendant: Zainab Ahmed Mlindwa; 2nd Defendant: Dar Es Salaam Community Bank
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2021
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Mortgage, Fraud, Spousal Consent, Burden of Proof, Loan Guarantee
Source Language
English
Civil Law Banking Law Property Law Mortgage Fraud Spousal Consent Burden of Proof Loan Guarantee

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Parties

Mikidadi Said Ulaya

Plaintiff

Zainab Ahmed Mlindwa

1st Defendant

Dar Es Salaam Community Bank

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What amount did the plaintiff guarantee and execute as a loan issued to the 1st defendant by the 2nd defendant?
  2. 2 To what extent (if any) is the 2nd defendant liable to pay the plaintiff on account of the amount paid to her upon the 1st defendant's default to pay the guaranteed debt?
  3. 3 What reliefs are the parties entitled to?

Ratio Decidendi

The plaintiff failed to prove fraud or that he only guaranteed TShs. 10,000,000; the mortgage deed clearly showed TShs. 40,000,000 with his signature on all pages. The absence of spousal consent was negated by the plaintiff's own representation in the mortgage deed that he was not married. The 2nd defendant (bank) followed proper procedures and is not liable; liability lies solely with the 1st defendant.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed in its entirety with costs to the defendants