rashidi abiki nguwa vs ramadhani hassan kuteya another 2021 tzca 658 5 november 2021
Appellant was a co-borrower and mortgagor, not merely a guarantor; evidence showed loan proceeds were used in joint business; appellant failed to prove fraud or misuse; 2nd respondent entitled to sell mortgaged property due to default.
- Citation
- rashidi abiki nguwa vs ramadhani hassan kuteya another 2021 tzca 658 5 november 2021
- Parties
- Appellant: Rashidi Abiki Nguwa; 1st Respondent: Ramadhan Hassan Kuteya; 2nd Respondent: National Microfinance PLC
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 November 2021
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Mortgage, Guarantee, Loan Default, Fraud Allegations, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rashidi Abiki Nguwa
Appellant
Ramadhan Hassan Kuteya
1st Respondent
National Microfinance PLC
2nd Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether appellant was a co-borrower or guarantor
- 2 Whether loan transaction was tainted by fraud
- 3 Whether 2nd respondent was entitled to sell mortgaged property
Ratio Decidendi
Appellant was a co-borrower and mortgagor, not merely a guarantor; evidence showed loan proceeds were used in joint business; appellant failed to prove fraud or misuse; 2nd respondent entitled to sell mortgaged property due to default.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed
- Appellant to pay costs
Full Case Text
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