rafiki engineering and pump services ltd and another vs mantrac tanzania ltd 2020 tzhccomd 20 27 march 2020

rafiki engineering and pump services ltd and another vs mantrac tanzania ltd 2020 tzhccomd 20 27 march 2020

The applicants' affidavit disclosed triable issues regarding the amount claimed and payments made, constituting an arguable defence. Therefore, leave to defend the summary suit is warranted under Order 35 rule 3 (1) (b) of the CPC.

Citation
rafiki engineering and pump services ltd and another vs mantrac tanzania ltd 2020 tzhccomd 20 27 march 2020
Parties
Applicant: Rafiki Eng. & Pump Services Ltd; Applicant: Frankline Elias Kileo; Respondent: Mantrac Tanzania Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
27 March 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Leave to Defend Summary Suit
Outcome
Application allowed
Legal Topics
Summary Suit, Leave to Defend, Credit Sale Agreement, Triable Issues
Source Language
English
Civil Procedure Commercial Law Summary Suit Leave to Defend Credit Sale Agreement Triable Issues

Case Brief

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Parties

Rafiki Eng. & Pump Services Ltd

Applicant

Frankline Elias Kileo

Applicant

Mantrac Tanzania Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have disclosed triable issues entitling them to leave to defend the summary suit
  2. 2 Whether the applicants have made sufficient payments or have an arguable defence regarding the amount claimed

Ratio Decidendi

The applicants' affidavit disclosed triable issues regarding the amount claimed and payments made, constituting an arguable defence. Therefore, leave to defend the summary suit is warranted under Order 35 rule 3 (1) (b) of the CPC.

Court Disposition

Application allowed

Orders

  • Leave granted to the applicants to defend the summary suit
  • Costs to follow the cause in the main suit