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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the defendant breached the loan agreement by failing to repay the loan as agreed
- 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
Full Case Text
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