by block contractors ltd vs board of trustees of public services social security fund another 2022 tzhc 10702 14 july 2022

by block contractors ltd vs board of trustees of public services social security fund another 2022 tzhc 10702 14 july 2022

The applicant demonstrated a bona fide triable issue regarding liability for the debt, warranting leave to appear and defend without mandatory deposit of security for due performance.

Citation
by block contractors ltd vs board of trustees of public services social security fund another 2022 tzhc 10702 14 july 2022
Parties
Applicant: Block Contractors Limited; 1st Respondent: The Board of Trustees of Public Services Social Security Fund; 2nd Respondent: Stone Bolck Contractors & Investment Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 July 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appear and Defend Summary Suit
Outcome
Leave granted to appear and defend
Legal Topics
Summary Suit, Leave to Defend, Security for Due Performance, Triable Issues
Source Language
English
Civil Procedure Summary Suit Leave to Defend Security for Due Performance Triable Issues

Case Brief

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Parties

Block Contractors Limited

Applicant

The Board of Trustees of Public Services Social Security Fund

1st Respondent

Stone Bolck Contractors & Investment Company Ltd

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appear and Defend Summary Suit

Legal Issues

  1. 1 Whether the applicant should be granted leave to appear and defend the summary suit
  2. 2 Whether deposit of security for due performance is a precondition for leave

Ratio Decidendi

The applicant demonstrated a bona fide triable issue regarding liability for the debt, warranting leave to appear and defend without mandatory deposit of security for due performance.

Court Disposition

Leave granted to appear and defend

Orders

  • Applicant allowed to file written statement of defence within 21 days
  • Costs to be in the cause