abdulaziz khalifa ahmed vs tunduru district council and another 2023 tzhc 19011 12 july 2023

The applicant's affidavit disclosed a triable issue regarding the entitlement to the service levy, and the respondents did not contest the facts, thus meeting the legal requirements for granting leave to defend.

Citation: abdulaziz khalifa ahmed vs tunduru district council and another 2023 tzhc 19011 12 july 2023
Parties: Applicant: Abdulaziz Khalifa Ahmed; 1st Respondent: Tunduru District Council; 2nd Respondent: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 July 2023
Procedural Posture: Miscellaneous Civil Application / Application for Leave to Defend Summary Suit
Outcome: application allowed
Legal Topics: Leave to Defend, Summary Suit, Service Levy
Source Language: English

Civil Procedure Leave to Defend Summary Suit Service Levy

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Parties

Abdulaziz Khalifa Ahmed

Applicant

Tunduru District Council

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Leave to Defend Summary Suit

Legal Issues

1 Whether the applicant has disclosed sufficient facts to be granted leave to defend the summary suit
2 Whether there is a triable issue regarding the unpaid service levy

Ratio Decidendi

Court Disposition

application allowed

Orders

Leave granted to the applicant to enter appearance and defend the summary suit (Civil Case No. 12 of 2022)
Applicant to file written statement of defence within 21 days