20191231 TZHC Dar es Salaam

20191231 TZHC Dar es Salaam

Neither party proved their claims with specific evidence of payments, outstanding debt, or damages. Plaintiff breached contract by failing to restore indemnified vehicle to defendant. Both claims and counterclaims lack merit due to insufficient proof of special damages and payments.

Source-derived case information.

Citation
20191231 TZHC Dar es Salaam
Parties
Plaintiff: Stanbic Bank (T) Ltd; 1st Defendant: Lisha Investment Limited; 2nd Defendant: Liswa Shaban Mabula; 3rd Defendant: Thomas Liswa Shaban; 4th Defendant: Shaban Liswa Shaban
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 December 2019
Procedural Posture
Civil / Final Judgment
Outcome
suit dismissed
Legal Topics
Breach of Contract, Credit Facility, Lease Agreement, Counterclaim, Special Damages
Source Language
english
Contract Law Banking Law Breach of Contract Credit Facility Lease Agreement Counterclaim Special Damages

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Summary, issues, holding and outcome

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Parties

Stanbic Bank (T) Ltd

Plaintiff

Lisha Investment Limited

1st Defendant

Liswa Shaban Mabula

2nd Defendant

Thomas Liswa Shaban

3rd Defendant

Shaban Liswa Shaban

4th Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the 1st defendant breached the terms of credit facilities with the plaintiff
  2. 2 Whether the plaintiff's repossession of the trucks from the 1st defendant was in breach of the lease agreement
  3. 3 Whether the defendants are indebted to the plaintiff, and if so to what extent

Ratio Decidendi

Neither party proved their claims with specific evidence of payments, outstanding debt, or damages. Plaintiff breached contract by failing to restore indemnified vehicle to defendant. Both claims and counterclaims lack merit due to insufficient proof of special damages and payments.

Court Disposition

suit dismissed

Orders

  • Each party to bear its own costs