pristine properties ltd others vs eco bank t ltd 2019 tzhccomd 145 4 april 2019

pristine properties ltd others vs eco bank t ltd 2019 tzhccomd 145 4 april 2019

Unconditional leave to defend granted as triable issues exist regarding terms and execution of loan agreement; strict application of procedural rule would deprive applicants of right to defend.

Citation
pristine properties ltd others vs eco bank t ltd 2019 tzhccomd 145 4 april 2019
Parties
Applicant: Pristine Prosperities Limited; Applicant: Muslim Shivji Karim; Applicant: Gulam Mohamedali Punjani; Applicant: Sabri Ally Saad; Respondent: Ecobank Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
4 April 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Leave to Defend Summary Suit
Outcome
application granted
Legal Topics
Summary Suit, Leave to Defend, Loan Agreement, Mortgage, Currency Conversion, Triable Issues
Source Language
English
Banking Law Civil Procedure Contract Law Summary Suit Leave to Defend Loan Agreement Mortgage Currency Conversion +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Pristine Prosperities Limited

Applicant

Muslim Shivji Karim

Applicant

Gulam Mohamedali Punjani

Applicant

Sabri Ally Saad

Applicant

Ecobank Tanzania Limited

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Leave to Defend Summary Suit

Legal Issues

  1. 1 Whether applicants are entitled to unconditional leave to defend the summary suit
  2. 2 Whether there are triable issues regarding the terms and execution of the loan agreement
  3. 3 Whether strict application of Order XXXV Rule 3(1)(c)(ii) CPC deprives defendants of right to defend

Ratio Decidendi

Unconditional leave to defend granted as triable issues exist regarding terms and execution of loan agreement; strict application of procedural rule would deprive applicants of right to defend.

Court Disposition

application granted

Orders

  • Applicants granted unconditional leave to defend the summary suit.
  • No order as to costs.