stanbic bank t ltd vs lisha investment ltd others 2019 tzhc 212 31 december 2019

stanbic bank t ltd vs lisha investment ltd others 2019 tzhc 212 31 december 2019

Neither party proved their claims with specific evidence; both failed to establish entitlement to reliefs sought. Plaintiff breached contract by withholding indemnified vehicle, but defendants failed to prove counterclaim damages. Debt set-off not established by evidence.

Citation
stanbic bank t ltd vs lisha investment ltd others 2019 tzhc 212 31 december 2019
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, Loan Facility, Lease Agreement, Counterclaim, Special Damages
Source Language
English
Contract Law Banking Law Breach of Contract Loan Facility Lease Agreement Counterclaim Special Damages

Case Brief

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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 contract the 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; both failed to establish entitlement to reliefs sought. Plaintiff breached contract by withholding indemnified vehicle, but defendants failed to prove counterclaim damages. Debt set-off not established by evidence.

Court Disposition

suit dismissed

Orders

  • Each party to bear its own costs