pristine properties ltd others vs ecobank tanzania ltd 2019 tzhc 165 19 december 2019
The Plaintiffs failed to tender the alleged loan agreement of 13th October, 2015 as evidence. Without proof of the contract's existence and its terms, there is no basis to find breach or award damages. The suit is dismissed for lack of merit.
- Citation
- pristine properties ltd others vs ecobank tanzania ltd 2019 tzhc 165 19 december 2019
- Parties
- Plaintiff: Pristine Properties Limited; Plaintiff: Muslim Shivji Karim; Plaintiff: Gulam Mohamedali Punjani; Plaintiff: Sabri Ally Saaad; Defendant: Ecobank Tanzania Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 December 2019
- Procedural Posture
- Civil Case / Judgment After Ex Parte Hearing
- Outcome
- Suit dismissed
- Legal Topics
- Breach of Contract, Loan Agreements, Burden of Proof, Specific Performance, General Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Pristine Properties Limited
Plaintiff
Muslim Shivji Karim
Plaintiff
Gulam Mohamedali Punjani
Plaintiff
Sabri Ally Saaad
Plaintiff
Ecobank Tanzania Ltd
Defendant
Procedural Posture
Civil Case / Judgment After Ex Parte Hearing
Legal Issues
- 1 Whether the Defendant breached the Loan Agreement of 13th October, 2015
- 2 Whether the Plaintiffs are entitled to General Damages
- 3 What reliefs the parties are entitled to
Ratio Decidendi
The Plaintiffs failed to tender the alleged loan agreement of 13th October, 2015 as evidence. Without proof of the contract's existence and its terms, there is no basis to find breach or award damages. The suit is dismissed for lack of merit.
Court Disposition
Suit dismissed
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