mngese ally ijimbo vs crdb bank plc another 2016 tzhc 2311 14 december 2016

mngese ally ijimbo vs crdb bank plc another 2016 tzhc 2311 14 december 2016

The plaintiff failed to prove a written or binding promise for a further loan of 55 million shillings; both parties varied the contract by conduct, but the plaintiff defaulted on payments. The defendants are entitled to judgment, and the plaintiff must pay the outstanding loan balance after deduction of payments made.

Citation
mngese ally ijimbo vs crdb bank plc another 2016 tzhc 2311 14 december 2016
Parties
Plaintiff: MNG’ESE ALLY IJIMBO; 1st Defendant: CRDB BANK PLC; 2nd Defendant: KONDOA AUCTION MART AND COURT BROKERS
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2016
Procedural Posture
Civil / Final Judgment
Outcome
judgment for defendants
Legal Topics
Loan Facility, Mortgage, Breach of Contract, Restructuring of Loan, Auction of Mortgaged Property
Source Language
English
Banking Contract Property Loan Facility Mortgage Breach of Contract Restructuring of Loan Auction of Mortgaged Property

Case Brief

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Parties

MNG’ESE ALLY IJIMBO

Plaintiff

CRDB BANK PLC

1st Defendant

KONDOA AUCTION MART AND COURT BROKERS

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff utilized the loan for purposes agreed in the Loan Facility Agreement
  2. 2 Whether there was a provision for re-negotiation or promise made by the 1st defendant for another loan facility of 55 million shillings
  3. 3 Whether the 1st defendant was involved with the plaintiff’s decision to add value to his landed property and whether the addition of such value was part of the Loan Facility Agreement

Ratio Decidendi

The plaintiff failed to prove a written or binding promise for a further loan of 55 million shillings; both parties varied the contract by conduct, but the plaintiff defaulted on payments. The defendants are entitled to judgment, and the plaintiff must pay the outstanding loan balance after deduction of payments made.

Court Disposition

judgment for defendants

Orders

  • Plaintiff to pay 1st defendant 27,960,000 shillings as outstanding loan after deduction of payments made
  • Right of appeal explained