crdb bank plc vs lazaro samwel nyalandu 2020 tzhccomd 1994 13 august 2020

crdb bank plc vs lazaro samwel nyalandu 2020 tzhccomd 1994 13 august 2020

The plaint is not incurably defective as the value of the subject matter is stated in the plaint, the defendant was properly served and appeared, and the cause of action arose in Arusha where the agreement was executed; thus, the court has jurisdiction and the preliminary objections are without merit.

Citation
crdb bank plc vs lazaro samwel nyalandu 2020 tzhccomd 1994 13 august 2020
Parties
Plaintiff: CRDB Bank PLC; Defendant: Lazaro Samwel Nyalandu
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
13 August 2020
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs
Legal Topics
Preliminary Objection, Jurisdiction, Pleading Requirements, Loan Agreement
Source Language
English
Civil Procedure Commercial Law Preliminary Objection Jurisdiction Pleading Requirements Loan Agreement

Case Brief

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Parties

CRDB Bank PLC

Plaintiff

Lazaro Samwel Nyalandu

Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the plaint is defective for failure to state the value of the subject matter as required by Order VII Rule 1(i) of the Civil Procedure Code
  2. 2 Whether the plaint is defective for failure to provide the defendant's address as required by Order VII Rule 1(c) of the Civil Procedure Code
  3. 3 Whether the suit is filed in the proper jurisdiction under section 18 of the Civil Procedure Code

Ratio Decidendi

The plaint is not incurably defective as the value of the subject matter is stated in the plaint, the defendant was properly served and appeared, and the cause of action arose in Arusha where the agreement was executed; thus, the court has jurisdiction and the preliminary objections are without merit.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • Points of preliminary objection dismissed
  • Costs awarded to the plaintiff