national bank of commerce ltd vs mssahara trading co ltd another 2003 tzhccomd 17 31 march 2003

national bank of commerce ltd vs mssahara trading co ltd another 2003 tzhccomd 17 31 march 2003

The applicant failed to produce any documentary evidence to substantiate his claim that the property was mortgaged to CRDB and not to the plaintiff, nor did he call CRDB to support his assertions. The court found these to be mere allegations without proof, and thus no triable issues were raised.

Citation
national bank of commerce ltd vs mssahara trading co ltd another 2003 tzhccomd 17 31 march 2003
Parties
Plaintiff: National Bank of Commerce Ltd; 1st Defendant: Ms. Sahara Trading Co. Ltd; 2nd Defendant: Francis Gachanja
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 March 2003
Procedural Posture
Summary Suit for Recovery of Loan / Ruling on Application for Leave to Appear and Defend
Outcome
Application dismissed with costs
Legal Topics
Summary Suits, Loan Recovery, Mortgage, Guarantor Liability
Source Language
English
Civil Procedure Banking Law Summary Suits Loan Recovery Mortgage Guarantor Liability

Case Brief

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Parties

National Bank of Commerce Ltd

Plaintiff

Ms. Sahara Trading Co. Ltd

1st Defendant

Francis Gachanja

2nd Defendant

Procedural Posture

Summary Suit for Recovery of Loan / Ruling on Application for Leave to Appear and Defend

Legal Issues

  1. 1 Whether the applicant (2nd defendant) has raised triable issues to justify leave to appear and defend the summary suit

Ratio Decidendi

The applicant failed to produce any documentary evidence to substantiate his claim that the property was mortgaged to CRDB and not to the plaintiff, nor did he call CRDB to support his assertions. The court found these to be mere allegations without proof, and thus no triable issues were raised.

Court Disposition

Application dismissed with costs

Orders

  • The application for leave to appear and defend is dismissed with costs.