The Plaintiff herein lodged a suit claiming inter alia that the defendant bank overcharged an interest of a total of Tshs. 150,820,062.09 and prayed for the Court to declare that the failure of the defendant to adhere to the terms of contract is unlawful. The defendant, Stanbic Bank Tanzania Limited, filed its written statement of defence pleading that the Plaintiff has failed to perform the terms of the loan facilities having defaulted on payments as per the agreed instalments. In its defence, the defendant by way of a counter claim against the Plaintiff in the main suit prayed for judgment and decree against the defendants in the counter claim jointly and severally inter alia for the payment of the outstanding amount of Tshs. 631,840,705.44 and interests thereof as per the loan agreement. The matter proceeded ex-parte against the Plaintiff in the main suit and the Court was left to decide on the issues as to whether the defendant in the counterclaim defaulted in making the loan repayment under the provisions of the loan agreement and the facility letter.