narcis rukyebesha mbarara vs equity bank tanzania limited another 2023 tzca 71 24 february 2023

narcis rukyebesha mbarara vs equity bank tanzania limited another 2023 tzca 71 24 february 2023

The appellant failed to prove payment of TZS 300,000,000.00; only TZS 193,943,000.00 was established by reconciling deposit slips with the bank statement. Interest prior to judgment is discretionary and, in the absence of a contractual provision, was awarded at 15% per annum on the proven amount from 29th December, 2014 to the date of judgment.

Citation
narcis rukyebesha mbarara vs equity bank tanzania limited another 2023 tzca 71 24 february 2023
Parties
Appellant: Narcis Rukyebesha Mbarara; 1st Respondent: Equity Bank Tanzania Limited; 2nd Respondent: Abdallah Abdulah Estate and Transport Co. Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal partly allowed
Legal Topics
Guarantee Liability, Loan Repayment, Interest on Judgment Debt, Burden of Proof, Contractual Interpretation
Source Language
English
Banking Law Contract Law Evidence Law Guarantee Liability Loan Repayment Interest on Judgment Debt Burden of Proof Contractual Interpretation

Case Brief

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Parties

Narcis Rukyebesha Mbarara

Appellant

Equity Bank Tanzania Limited

1st Respondent

Abdallah Abdulah Estate and Transport Co. Limited

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant proved payment of TZS 300,000,000.00 to the first respondent
  2. 2 Whether the appellant is entitled to interest from the date of payment to the date of judgment

Ratio Decidendi

The appellant failed to prove payment of TZS 300,000,000.00; only TZS 193,943,000.00 was established by reconciling deposit slips with the bank statement. Interest prior to judgment is discretionary and, in the absence of a contractual provision, was awarded at 15% per annum on the proven amount from 29th December, 2014 to the date of judgment.

Court Disposition

appeal partly allowed

Orders

  • Appellant awarded simple interest at 15% per annum on TZS 193,943,000.00 from 29th December, 2014 to date of judgment
  • Appellant awarded costs