This is an appeal against the judgment of the High Court, Commercial Division dated 11th August, 2009. The Appellant had sued the Respondents for the recovery of Tshs. 40,063,788/= being Tshs. 10,000,000/= as the principal sum advanced to the first Respondent as an overdraft facility; recoverable in 6 months, and the balance was interest and other accrued charges. The second Respondent was sued as a guarantor of the first Respondent. It so happened that as at 20th June, 2008, the first Respondent had failed to repay the loan, which had by then accrued to the aforesaid Tshs. 40,063,788/=. And so, on 22nd July, 2008, the suit leading to this appeal was instituted. The Appellant lost in the High Court, hence this appeal.