tanzania sewing machine vs njake enterprises ltd 2016 tzca 2041 27 october 2016

tanzania sewing machine vs njake enterprises ltd 2016 tzca 2041 27 october 2016

The respondent failed to prove payment of the full loan amount of Tshs. 180,000,000/=; only Tshs. 50,000,000/= was paid. The respondent was not entitled to enforce transfer or sale of the property. The appellant was entitled to mesne profits for the period of respondent's occupation, but due to lack of precise evidence, the amount is offset against the outstanding loan. The order for sale of the property was set aside.

Citation
tanzania sewing machine vs njake enterprises ltd 2016 tzca 2041 27 october 2016
Parties
Appellant: Tanzania Sewing Machine Co. Ltd; Respondent: Njake Enterprises Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 October 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal partially succeeds
Legal Topics
Loan Agreements, Performance of Contract, Mesne Profits, Public Auction, Counterclaim, Burden of Proof
Source Language
English
Contract Law Land Law Civil Procedure Loan Agreements Performance of Contract Mesne Profits Public Auction Counterclaim +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tanzania Sewing Machine Co. Ltd

Appellant

Njake Enterprises Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent paid the full loan amount of Tshs. 180,000,000/= to the appellant under the agreement
  2. 2 Whether the appellant was entitled to mesne profits for the period the respondent occupied the property
  3. 3 Whether the trial judge was entitled to order the sale of the property under the Land Act without a specific prayer and after repeal of the relied provisions

Ratio Decidendi

The respondent failed to prove payment of the full loan amount of Tshs. 180,000,000/=; only Tshs. 50,000,000/= was paid. The respondent was not entitled to enforce transfer or sale of the property. The appellant was entitled to mesne profits for the period of respondent's occupation, but due to lack of precise evidence, the amount is offset against the outstanding loan. The order for sale of the property was set aside.

Court Disposition

appeal partially succeeds

Orders

  • Judgment and decree of the trial court ordering sale of the suit property set aside
  • Outstanding loan of Tshs. 50,000,000/= due to respondent offset against mesne profits estimated at Tshs. 50,000,000/= owed by respondent to appellant