A friend of mine, residing in Mwanza, wanted a small loan from me of TZS 2M. Being the gentleman that I am, I remitted the funds through his bank account, whereby I got a deposit slip. He also called me and acknowledged receipt of the funds. It is now six months later and, there are no signs of being paid back. He now denies that there was any loan agreement between us. Can I use the bank slip in Court?
20 February 2012
Contracts may be written or oral, although it is always advisable that one enters into a written contract for clarity and evidence purposes. Whilst you can use your bank slip in Court, we believe your underlying question is how you can go about taking the matter to Court and prove that the funds were indeed a loan.
In the absence of a loan agreement, it becomes difficult, but you can produce witnesses, which may include friends and family, who knew about this transaction. Unless he admits the amounts in Court, your pay in slip alone will very unlikely be sufficient evidence. Your attorneys can guide you further.