20161019 TZHC Dar es Salaam

20161019 TZHC Dar es Salaam

Plaintiff is entitled to summary judgment as the defendants failed to prosecute their application for extension of time to defend and no application was filed by the second defendant, satisfying the requirements of Order XXXV rule 2 (2) (a) and (b) of the Civil Procedure Code.

Source-derived case information.

Citation
20161019 TZHC Dar es Salaam
Parties
Plaintiff: National Bank of Commerce; Defendant: Tumaini Jonas Bisheko; Defendant: Jonas Bisheko t/a Jobis Enterprise
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2016
Procedural Posture
Commercial Case / Summary Judgment After Dismissal for Want of Prosecution of Application for Extension of Time to Defend
Outcome
Judgment for the plaintiff
Legal Topics
Summary Judgment, Debt Recovery, Interest on Judgment Debt, Costs
Source Language
english
Civil Procedure Banking Law Summary Judgment Debt Recovery Interest on Judgment Debt Costs

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Parties

National Bank of Commerce

Plaintiff

Tumaini Jonas Bisheko

Defendant

Jonas Bisheko t/a Jobis Enterprise

Defendant

Procedural Posture

Commercial Case / Summary Judgment After Dismissal for Want of Prosecution of Application for Extension of Time to Defend

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment under Order XXXV rule 2 (2) (a) and (b) of the Civil Procedure Code after dismissal of defendants' application for extension of time to defend

Ratio Decidendi

Plaintiff is entitled to summary judgment as the defendants failed to prosecute their application for extension of time to defend and no application was filed by the second defendant, satisfying the requirements of Order XXXV rule 2 (2) (a) and (b) of the Civil Procedure Code.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay jointly and severally TZS 930,671,734.86 to the plaintiff as outstanding sum as of 30th June 2014.
  • Defendants to pay interest on the outstanding amount at 20% per annum from 30th June 2014 to the date of judgment.