commercial bank of africa t ltd vs esther japhet mhaye ta others 2017 tzhccomd 10 9 july 2017

commercial bank of africa t ltd vs esther japhet mhaye ta others 2017 tzhccomd 10 9 july 2017

Plaintiff is entitled to summary judgment as defendants failed to obtain leave to appear and defend; judgment must be entered under Order XXXV Rule 2(2)(a) of the Civil Procedure Code.

Citation
commercial bank of africa t ltd vs esther japhet mhaye ta others 2017 tzhccomd 10 9 july 2017
Parties
Plaintiff: COMMERCIAL BANK OF AFRICA (T) LTD; 1st Defendant: ESTHER JAPHET MHAYE t/a ESTHER AGRO AND GENERAL SUPPLY; 2nd Defendant: JAPHET BARTHOLOMEO MHAYE
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 July 2017
Procedural Posture
Summary Suit for Recovery of Money Under Mortgage / Summary Judgment
Outcome
summary judgment for plaintiff
Legal Topics
Summary Judgment, Mortgage Recovery, Default Judgment
Source Language
English
Civil Procedure Banking Law Summary Judgment Mortgage Recovery Default Judgment

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Parties

COMMERCIAL BANK OF AFRICA (T) LTD

Plaintiff

ESTHER JAPHET MHAYE t/a ESTHER AGRO AND GENERAL SUPPLY

1st Defendant

JAPHET BARTHOLOMEO MHAYE

2nd Defendant

Procedural Posture

Summary Suit for Recovery of Money Under Mortgage / Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment due to defendants' failure to obtain leave to appear and defend
  2. 2 Whether summary judgment can be granted under Rule 68 of the High Court (Commercial Division) Procedure Rules or under Order XXXV Rule 2(2)(a) of the Civil Procedure Code

Ratio Decidendi

Plaintiff is entitled to summary judgment as defendants failed to obtain leave to appear and defend; judgment must be entered under Order XXXV Rule 2(2)(a) of the Civil Procedure Code.

Court Disposition

summary judgment for plaintiff

Orders

  • Defendants to pay Tshs. 110,103,947.63 jointly and severally to plaintiff.
  • Decretal sum to carry interest at 16% per annum from date of filing to date of judgment.