MS ASSOCIATION OF KILIMANJARO VS EXIM BANK T LTD MISC

MS ASSOCIATION OF KILIMANJARO VS EXIM BANK T LTD MISC

The plaint lacked necessary particulars and a detailed statement of account, and the defendants raised triable issues regarding the amount claimed and the PASS guarantee. Therefore, unconditional leave to defend is granted.

Citation
MS ASSOCIATION OF KILIMANJARO VS EXIM BANK T LTD MISC
Parties
Applicant/defendant: M/S Association of Kilimanjaro Speciality Coffee Growers Limited; Applicant/defendant: Philemon Haule; Applicant/defendant: Blanka Ndunguru; Applicant/defendant: William Shao; Applicant/defendant: Asajile Kayange; Applicant/defendant: Emiline Swai; Applicant/defendant: Adriano Mwalusambo; Applicant/defendant: Godfrey Mwangulumbi; Respondent/plaintiff: Exim Bank (Tanzania) Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Commercial Application / Application for Unconditional Leave to Defend Summary Suit
Outcome
unconditional leave to defend granted
Legal Topics
Summary Procedure, Leave to Defend, Loan Recovery, Guarantee Liability
Source Language
English
Civil Procedure Banking Law Summary Procedure Leave to Defend Loan Recovery Guarantee Liability

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 2
Sign in to unlock

Parties

M/S Association of Kilimanjaro Speciality Coffee Growers Limited

Applicant/defendant

Philemon Haule

Applicant/defendant

Blanka Ndunguru

Applicant/defendant

William Shao

Applicant/defendant

Asajile Kayange

Applicant/defendant

Emiline Swai

Applicant/defendant

Adriano Mwalusambo

Applicant/defendant

Godfrey Mwangulumbi

Applicant/defendant

Exim Bank (Tanzania) Limited

Respondent/plaintiff

Procedural Posture

Miscellaneous Commercial Application / Application for Unconditional Leave to Defend Summary Suit

Legal Issues

  1. 1 Whether the defendants are entitled to unconditional leave to defend the summary suit
  2. 2 Whether the plaintiff's claim is sufficiently particularized
  3. 3 Whether PASS's guarantee affects the defendants' liability

Ratio Decidendi

The plaint lacked necessary particulars and a detailed statement of account, and the defendants raised triable issues regarding the amount claimed and the PASS guarantee. Therefore, unconditional leave to defend is granted.

Court Disposition

unconditional leave to defend granted

Orders

  • Defendants to file written statement of defense within 21 days
  • Plaintiff to file reply within two weeks thereafter