NBC LTD VS EDWARD MKONY C OMM CASE NO
The defendant's failure to file a defence entitled the plaintiff to default judgment for the reliefs sought in the plaint, except for general damages.
Source-derived case information.
- Citation
- NBC LTD VS EDWARD MKONY C OMM CASE NO
- Parties
- Plaintiff: National Bank of Commerce Limited; Defendant: Edward Mkony
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2018
- Procedural Posture
- Commercial Case / Default Judgment
- Outcome
- Default judgment for the plaintiff for all reliefs in the plaint except general damages.
- Legal Topics
- Loan Default, Breach of Contract, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank of Commerce Limited
Plaintiff
Edward Mkony
Defendant
Procedural Posture
Commercial Case / Default Judgment
Legal Issues
- 1 Whether the defendant breached the group personal loan agreement by failing to pay the outstanding loan amount.
Ratio Decidendi
The defendant's failure to file a defence entitled the plaintiff to default judgment for the reliefs sought in the plaint, except for general damages.
Court Disposition
Default judgment for the plaintiff for all reliefs in the plaint except general damages.
Orders
- Declaration of breach of loan agreement by the defendant.
- Defendant to pay TZS 92,927,722.00 as outstanding principal and interest as of 29th April 2018.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 104 OF 2018 NATIONAL BANK OF COMMERCE LIMITED....................... PLAINTIFF VERSUS EDWARD MKONY............................................................... DEFENDANT DEFAULT JUDGMENT MWANDAMBO J Upon the Defendant defaulting to file this written statement of defence and upon the Plaintiff applying for default judgment through Form No. 1 filed pursuant to rule 22(1) of the High Court (Commercial Division) Procedure Rules, 2012 the Court enters default judgment for all reliefs in the plaint except general as follows:- a) A declaration that failure by the Defendant to pay the Plaintiff the whole of an outstanding amount of the personal loan facility was in breach of group personal loan agreement dated 5th January 2016. b) The Defendant is ordered to immediately pay the Plaintiff the outstanding amount of TZS 92,927,722.00/= (say Tanzania Shillings Ninety Two Million Nine Hundred Twenty Seven Hundred Twenty Two only) being the principal amount of the outstanding personal loan facility and interest as of 29th April, 2018 arising out of Group personal loan agreement dated 5th January, 2016, between the Plaintiff and the Defendant. c) Payment of default interest of 24% per annum charged from 20th April, 2018 when the account was written off to the date of judgment. 1 d) Payment of interest of 12% per annum on the decretal amount from the date of judgment to the date of full payment thereof. e) Costs of the suit. Order accordingly. JUDGE 24/10/2018 2