national bank of commerce ltd vs jaqueline micahel kimaro another 2018 tzhccomd 35 1 march 2018

Defendants failed to obtain leave to defend the summary suit; thus, the plaintiff's claims are deemed admitted and summary judgment is warranted.

Citation: national bank of commerce ltd vs jaqueline micahel kimaro another 2018 tzhccomd 35 1 march 2018
Parties: Plaintiff: National Bank of Commerce Limited; 1st Defendant: Jaqueline Michael Kimaro; 2nd Defendant: Yohan Abraham Mwakalinga
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 1 March 2018
Procedural Posture: Summary Suit / Summary Judgment
Outcome: summary judgment for plaintiff
Legal Topics: Overdraft Facility, Guarantee, Summary Judgment, Default, Interest Rates
Source Language: English

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National Bank of Commerce Limited

Plaintiff

Jaqueline Michael Kimaro

1st Defendant

Yohan Abraham Mwakalinga

2nd Defendant

Summary Suit / Summary Judgment

1 Whether the defendants breached the overdraft facility agreement and contract of guarantee
2 Whether the plaintiff is entitled to summary judgment due to defendants' failure to obtain leave to defend

Defendants failed to obtain leave to defend the summary suit; thus, the plaintiff's claims are deemed admitted and summary judgment is warranted.

summary judgment for plaintiff

Defendants breached overdraft facility agreement and contract of guarantee.
Defendants to jointly and severally pay Tshs. 110,762,564.11 as principal and interest as of 6th December, 2016.