Misc

Misc

The applicant's affidavit raised triable issues sufficient to warrant leave to appear and defend the summary suit as required by law.

Citation
Misc
Parties
Applicant: First Assurance Co. Ltd; 1st Respondent: Mpanda Municipal Council; 2nd Respondent: The Hon. Attorney General; 3rd Respondent: Bluecryon Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appear and Defend Summary Suit
Outcome
Application granted
Legal Topics
Summary Suit Procedure, Leave to Defend, Surety Liability, Triable Issues
Source Language
English
Civil Procedure Contract Law Summary Suit Procedure Leave to Defend Surety Liability Triable Issues

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

First Assurance Co. Ltd

Applicant

Mpanda Municipal Council

1st Respondent

The Hon. Attorney General

2nd Respondent

Bluecryon Limited

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated triable issues to warrant leave to appear and defend the summary suit

Ratio Decidendi

The applicant's affidavit raised triable issues sufficient to warrant leave to appear and defend the summary suit as required by law.

Court Disposition

Application granted

Orders

  • Applicant granted leave to appear and defend Civil Case No. 96 of 2024
  • Applicant to file defence within 21 days from the date of the ruling