20081228 TZHC Arusha

20081228 TZHC Arusha

The defendant breached the loan agreement by failing to repay the loan as scheduled. The plaintiff proved its case on a balance of probabilities and is entitled to the outstanding sum, interest at court rate from judgment date, and costs.

Citation
20081228 TZHC Arusha
Parties
Plaintiff: Small Industries Development Organisation; Defendant: Arusha Precision Tools & Diemakers Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 December 2008
Procedural Posture
Civil / Judgment After Ex Parte Proof
Outcome
Judgment for the plaintiff in part
Legal Topics
Loan Agreement, Breach of Contract, Debt Recovery
Source Language
English

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Parties

Small Industries Development Organisation

Plaintiff

Arusha Precision Tools & Diemakers Company Ltd

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Proof

  1. 1 Whether the defendant breached the loan agreement by failing to repay the loan as agreed
  2. 2 Whether the plaintiff is entitled to the claimed sum, interest, and costs

Ratio Decidendi

The defendant breached the loan agreement by failing to repay the loan as scheduled. The plaintiff proved its case on a balance of probabilities and is entitled to the outstanding sum, interest at court rate from judgment date, and costs.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Payment of Tshs. 52,149,830 to the plaintiff
  • Interest on the decretal amount at 7% per annum from the date of judgment until payment in full