BANCA MONTE PASCHI DI SIENA S

BANCA MONTE PASCHI DI SIENA S

Defendant failed to file leave to appear and defend after being served; summary judgment is warranted under Order 35 Rule 2(2)(a) CPC.

Citation
BANCA MONTE PASCHI DI SIENA S
Parties
Plaintiff: Banca Monte Dei Paschi Di Siena S. P. A; Defendant: Italframe Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Commercial Case / Summary Judgment
Outcome
summary judgment for plaintiff
Legal Topics
Summary Judgment, Debt Recovery, Interest Award
Source Language
English
Commercial Law Summary Judgment Debt Recovery Interest Award

Case Brief

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Parties

Banca Monte Dei Paschi Di Siena S. P. A

Plaintiff

Italframe Limited

Defendant

Procedural Posture

Commercial Case / Summary Judgment

Legal Issues

  1. 1 Whether the defendant failed to pay for building equipment supplied
  2. 2 Whether summary judgment should be entered due to lack of defence

Ratio Decidendi

Defendant failed to file leave to appear and defend after being served; summary judgment is warranted under Order 35 Rule 2(2)(a) CPC.

Court Disposition

summary judgment for plaintiff

Orders

  • Defendant to pay plaintiff EURO 26,040.30 for outstanding amount on building equipment supplied.
  • Interest at 5% per annum from date of filing suit to date of judgment.