200005NA TZHC Dar es Salaam

200005NA TZHC Dar es Salaam

The claim for recovery of a loan not accompanied by a mortgage deed or bounced cheques is not covered by Order XXXV; therefore, the suit is incompetently before the court and must be struck out.

Citation
200005NA TZHC Dar es Salaam
Parties
Plaintiff: C.R.D.B. (1996) Ltd.; Defendant: Hakim D. Jetha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2000
Procedural Posture
Civil / Ruling on Application for Leave to Appear and Defend
Outcome
suit struck out for incompetence
Legal Topics
Summary Suit, Leave to Defend, Party Identity, Applicability of Summary Procedure
Source Language
English
Civil Procedure Summary Suit Leave to Defend Party Identity Applicability of Summary Procedure

Case Brief

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Parties

C.R.D.B. (1996) Ltd.

Plaintiff

Hakim D. Jetha

Defendant

Procedural Posture

Civil / Ruling on Application for Leave to Appear and Defend

Legal Issues

  1. 1 Whether the defendant is entitled to leave to appear and defend the summary suit
  2. 2 Whether the suit is properly instituted under Order XXXV of the Civil Procedure Code
  3. 3 Whether the correct party has been sued

Ratio Decidendi

The claim for recovery of a loan not accompanied by a mortgage deed or bounced cheques is not covered by Order XXXV; therefore, the suit is incompetently before the court and must be struck out.

Court Disposition

suit struck out for incompetence

Orders

  • Suit struck out for incompetence with costs.