20010528 TZHC Dar es Salaam

20010528 TZHC Dar es Salaam

The defendants failed to raise any bona fide triable issue or provide sufficient particulars in their affidavit to justify leave to defend. Their purported defences were found to be sham, illusory, or moonshine, and the court refused leave to defend, entering judgment for the plaintiff under Order XXXV rule 2(2)(a) of the Civil Procedure Code.

Citation
20010528 TZHC Dar es Salaam
Parties
Plaintiff: CRDB Bank Limited; Defendant: Wakwetu & Co. Limited; Defendant: Adam Gamaliel Mosha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2001
Procedural Posture
Commercial Case / Ruling on Application for Leave to Appear and Defend Under Summary Procedure
Outcome
Leave to defend refused; judgment entered for plaintiff.
Legal Topics
Summary Procedure, Leave to Defend, Loan Recovery, Affidavit Evidence
Source Language
English
Civil Procedure Banking Law Commercial Law Summary Procedure Leave to Defend Loan Recovery Affidavit Evidence

Case Brief

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Parties

CRDB Bank Limited

Plaintiff

Wakwetu & Co. Limited

Defendant

Adam Gamaliel Mosha

Defendant

Procedural Posture

Commercial Case / Ruling on Application for Leave to Appear and Defend Under Summary Procedure

Legal Issues

  1. 1 Whether the defendants have raised a bona fide triable issue entitling them to leave to defend the suit under summary procedure
  2. 2 Whether the affidavit in support discloses sufficient facts to justify leave to defend

Ratio Decidendi

The defendants failed to raise any bona fide triable issue or provide sufficient particulars in their affidavit to justify leave to defend. Their purported defences were found to be sham, illusory, or moonshine, and the court refused leave to defend, entering judgment for the plaintiff under Order XXXV rule 2(2)(a) of the Civil Procedure Code.

Court Disposition

Leave to defend refused; judgment entered for plaintiff.

Orders

  • Leave to defend the suit is refused.
  • Judgment is entered for the plaintiff under Order XXXV rule 2(2)(a) of the Civil Procedure Code.