Herman Kaaya vs Andrew Ayub (Civil Case No. 93 of 1989) [1991] TZHC 2664 (29 July 1991)
Judgment
· IN THE HIGH COURT OF TANZANIA
. . AT ARUSHA
cr'/I~ CASE NO~ 93 OF 1989
HERMAN KAAYA •.•••••• :PLAINTIFF
'¾; \ WERSUS
' ;--: . .
ANDREW AYUB · ·• l• ...... . DEFENDANT,·
J- U DG MEN T
.,·. \
,.. ...
.......
This is an ex-parte judgment against the defendant ne
Andrew Ayub in respect of an amount of. Shs. 750 ,_ooo/ = which ·
was given by the plaintiff to the defendant by way of a loan.
' ' . '
The saiq.transa-ction was reduct"f(in. writing· and duly signed
by both partie&:, and the ·sarXe as witneesed by Mr. Kinabo,
. . .,
• • , r
learned advocate The loan ';Mas tq be repaid by three· equal
instalments ,of Sh·§. r~,.O?fl~~ P?; ➔ i on 16/3/1989; 16/6/1989
and 16/9/1989 respep-eivly. The loan.was interest free.
i-
It was agreed that upon dfault ~f ~-payment as agreed the
lender would sue he borrower for the recovery of the loan
amount by summary suit.The borrower defaulted to pay the loan
as agreed and hence this suit. ·,;,,
The defendant was duly served but defaulted his appearance.
'He also never filed any application for leave to defend the suit.
For that reason the pl&intiff applied to prove the claim ex-
parte. He produced in Court the original of the loan agreement.
The same was admitted in evidence after the same·was duly _stamped
with stamp duty and . was marked Exhibit P1. On the strength
of the saia loan agreement judgment is hereby entered against
the defendant in the principl sum together with costs. As i,he
plaintiff had waived interest on the loan, no.order for payment
of interest is made. It is ordered accordingly;
I?
~~
M. D. NCHALLA,
JUDGE
22/7 /199.1
if .
2
29/7/1991
C.eram: M.D. Nchalle, J •
.
For Plaintiff: Present in person
For Defd .. c!Dt..l Absent- ,·?C:parte
C/C Eva Lyaro·
ourt: Judgment delivered in open Court at Arusha in the
of
presenceLthe plaintiff this the .:29th 'day of July, 1991,
MDN/mk
.,
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•. ,
.. :,
/':
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~W-4
}1. ,. D • fteH1fLLA ,
JUDG.E
, 29/7/1991