RULING

RULING

The applicant established the existence of triable issues by showing part of the claim had been settled and by raising discrepancies in the calculation of the outstanding balance, which were not controverted by the respondents. This constitutes a reasonable defence warranting unconditional leave to defend.

Citation
RULING
Parties
Applicant: Hill Packaging Limited; 1st Respondent: Wami Ruvu Basin; 2nd Respondent: The Hon Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2002
Procedural Posture
Misc Civil Application / Application for Leave to Appear and Defend Summary Suit
Outcome
Application granted
Legal Topics
Summary Procedure, Leave to Defend, Affidavit Evidence
Source Language
English
Civil Procedure Summary Procedure Leave to Defend Affidavit Evidence

Case Brief

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Parties

Hill Packaging Limited

Applicant

Wami Ruvu Basin

1st Respondent

The Hon Attorney General

2nd Respondent

Procedural Posture

Misc Civil Application / Application for Leave to Appear and Defend Summary Suit

Legal Issues

  1. 1 Whether the applicant has demonstrated a reasonable defence to warrant leave to appear and defend the summary suit

Ratio Decidendi

The applicant established the existence of triable issues by showing part of the claim had been settled and by raising discrepancies in the calculation of the outstanding balance, which were not controverted by the respondents. This constitutes a reasonable defence warranting unconditional leave to defend.

Court Disposition

Application granted

Orders

  • Applicant is given unconditional leave to appear and defend Civil Case No. 5782 of 2024
  • Applicant to file written statement of defence within 21 days