EXIM BANK T LTD VS MS SERO LEASE AND FINANCE LTD MISC

EXIM BANK T LTD VS MS SERO LEASE AND FINANCE LTD MISC

Defendants raised bona fide defense and triable issues regarding the amount claimed, supported by affidavit and bank statements; plaintiff failed to provide detailed account of outstanding loan, interest, and payments. Unconditional leave to defend is warranted.

Citation
EXIM BANK T LTD VS MS SERO LEASE AND FINANCE LTD MISC
Parties
Respondent/plaintiff: Exim Bank (Tanzania) Limited; 1st Applicant/1st Defendant: M/S Sero Lease and Finance Limited; 2nd Applicant/2nd Defendant: Victoria Kisyombe; 3rd Applicant/3rd Defendant: Fausta Lema; 4th Applicant/4th Defendant: Errine Tukai Njiku; 5th Applicant/5th Defendant: Mary Mbeyela; 6th Applicant/6th Defendant: Irine Kasambala; 7th Applicant/7th Defendant: M/S Sero Business Women Association (SEBA); 8th Applicant/8th Defendant: Fabyan Shempemba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Unconditional Leave to Defend
Outcome
unconditional leave to defend granted
Legal Topics
Loan Recovery, Summary Judgment, Leave to Defend, Res Judicata, Statute of Limitations
Source Language
English
Banking Commercial Law Civil Procedure Loan Recovery Summary Judgment Leave to Defend Res Judicata Statute of Limitations

Case Brief

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Parties

Exim Bank (Tanzania) Limited

Respondent/plaintiff

M/S Sero Lease and Finance Limited

1st Applicant/1st Defendant

Victoria Kisyombe

2nd Applicant/2nd Defendant

Fausta Lema

3rd Applicant/3rd Defendant

Errine Tukai Njiku

4th Applicant/4th Defendant

Mary Mbeyela

5th Applicant/5th Defendant

Irine Kasambala

6th Applicant/6th Defendant

M/S Sero Business Women Association (SEBA)

7th Applicant/7th Defendant

Fabyan Shempemba

8th Applicant/8th Defendant

Procedural Posture

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

Legal Issues

  1. 1 whether defendants are entitled to unconditional leave to defend the suit
  2. 2 whether the plaintiff's claim is supported by sufficient evidence of outstanding loan amount
  3. 3 whether the matter is res judicata

Ratio Decidendi

Defendants raised bona fide defense and triable issues regarding the amount claimed, supported by affidavit and bank statements; plaintiff failed to provide detailed account of outstanding loan, interest, and payments. Unconditional leave to defend is warranted.

Court Disposition

unconditional leave to defend granted

Orders

  • defendants to file written statement of defence within 21 days
  • plaintiff to file reply within two weeks thereafter