exim bank tanzania ltd vs ms sero lease others 2015 tzhccomd 13 19 march 2015

exim bank tanzania ltd vs ms sero lease others 2015 tzhccomd 13 19 march 2015

Defendants raised bona fide triable issues regarding the amount claimed and payments made, and the plaintiff failed to provide detailed statements of account. Therefore, unconditional leave to defend is granted.

Citation
exim bank tanzania ltd vs ms sero lease others 2015 tzhccomd 13 19 march 2015
Parties
Plaintiff: Exim Bank (Tanzania) Limited; 1st Defendant: Mis Sero Lease and Finance Limited; 2nd Defendant: Victoria Kisyombe; 3rd Defendant: Fausta Lema; 4th Defendant: Errine Tukai Njiku; 5th Defendant: Mary Mbeyela; 6th Defendant: Irine Kasambala; 7th Defendant: Mis Sero Business Women Association (SEBA); 8th Defendant: Fabyan Shempemba
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 March 2015
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Unconditional Leave to Defend
Outcome
unconditional leave to defend granted
Legal Topics
Summary Suit Procedure, Leave to Defend, Loan Recovery, Guarantee Liability, Res Judicata
Source Language
English
Civil Procedure Banking Law Summary Suit Procedure Leave to Defend Loan Recovery Guarantee Liability Res Judicata

Case Brief

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Parties

Exim Bank (Tanzania) Limited

Plaintiff

Mis Sero Lease and Finance Limited

1st Defendant

Victoria Kisyombe

2nd Defendant

Fausta Lema

3rd Defendant

Errine Tukai Njiku

4th Defendant

Mary Mbeyela

5th Defendant

Irine Kasambala

6th Defendant

Mis Sero Business Women Association (SEBA)

7th Defendant

Fabyan Shempemba

8th Defendant

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Unconditional Leave to Defend

Legal Issues

  1. 1 Whether the defendants are entitled to unconditional leave to defend the summary suit
  2. 2 Whether the plaintiff's claim properly accounts for payments made and outstanding amounts
  3. 3 Whether the matter is res judicata

Ratio Decidendi

Defendants raised bona fide triable issues regarding the amount claimed and payments made, and the plaintiff failed to provide detailed statements of account. Therefore, unconditional leave to defend is granted.

Court Disposition

unconditional leave to defend granted

Orders

  • Defendants to file written statement of defence within 21 days
  • Plaintiff may file reply within two weeks thereafter