nicodemus yohana nyamajeje vs crdb bank others 2015 tzhccomd 16 18 may 2015

nicodemus yohana nyamajeje vs crdb bank others 2015 tzhccomd 16 18 may 2015

Bank statements and evidence established the plaintiff owed Tshs. 15,009,390/40 to the first defendant after auction sale; plaintiff liable for principal, contractual interest, court interest, and costs.

Source-derived case information.

Citation
nicodemus yohana nyamajeje vs crdb bank others 2015 tzhccomd 16 18 may 2015
Parties
Plaintiff: Nicodemus Yohana Nyamajeje; First Defendant: CRDB Bank; Second Defendant: Eagle Auctionmart & General Brokers; Third Defendant: Aloyce Kumalija
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 May 2015
Procedural Posture
Commercial Case / Judgment on Counterclaim
Outcome
judgment for first defendant on counterclaim
Legal Topics
Loan Default, Mortgage Enforcement, Auction Sale, Procedural Irregularities
Source Language
english
Banking Mortgage Commercial Law Loan Default Mortgage Enforcement Auction Sale Procedural Irregularities

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Parties

Nicodemus Yohana Nyamajeje

Plaintiff

CRDB Bank

First Defendant

Eagle Auctionmart & General Brokers

Second Defendant

Aloyce Kumalija

Third Defendant

Procedural Posture

Commercial Case / Judgment on Counterclaim

Legal Issues

  1. 1 Whether the plaintiff owed the first defendant Tshs. 15,009,390/40 as alleged
  2. 2 What reliefs, if any, are the parties entitled

Ratio Decidendi

Bank statements and evidence established the plaintiff owed Tshs. 15,009,390/40 to the first defendant after auction sale; plaintiff liable for principal, contractual interest, court interest, and costs.

Court Disposition

judgment for first defendant on counterclaim

Orders

  • Plaintiff to pay first defendant Tshs. 15,009,390/= as outstanding principal loan plus interest as at 20.08.2013
  • Plaintiff to pay first defendant interest at 20% per annum on principal from 20.08.2013 to date of judgment