20000718 TZHC Dar es Salaam

20000718 TZHC Dar es Salaam

The applicants raised triable issues regarding service of process and the agreed interest rate, thus unconditional leave to defend is warranted under Order XXXV Rule 3(1) CPC.

Citation
20000718 TZHC Dar es Salaam
Parties
Plaintiff/respondent: CRDB Bank Ltd; 1st Defendant/applicant: F. M. General Merchandise Co. Ltd; 2nd Defendant/applicant: Farid Mbaraka Said; 3rd Defendant/applicant: Mohamed Said; 4th Defendant/applicant: Said Mbaraka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 2000
Procedural Posture
Application for Leave to Defend Under Summary Procedure / Ruling on Application for Leave to Defend
Outcome
Application allowed; unconditional leave to defend granted; no order as to costs.
Legal Topics
Summary Procedure, Leave to Defend, Loan Agreement, Interest Rate Dispute, Service of Process
Source Language
English
Civil Procedure Banking Law Summary Procedure Leave to Defend Loan Agreement Interest Rate Dispute Service of Process

Case Brief

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Parties

CRDB Bank Ltd

Plaintiff/respondent

F. M. General Merchandise Co. Ltd

1st Defendant/applicant

Farid Mbaraka Said

2nd Defendant/applicant

Mohamed Said

3rd Defendant/applicant

Said Mbaraka

4th Defendant/applicant

Procedural Posture

Application for Leave to Defend Under Summary Procedure / Ruling on Application for Leave to Defend

Legal Issues

  1. 1 Whether the defendants have raised triable issues entitling them to leave to defend the suit under Order XXXV Rule 3(1) of the Civil Procedure Code
  2. 2 Whether the service by publication was proper given the defendants' known addresses
  3. 3 Whether the 21% interest rate was agreed upon by the parties

Ratio Decidendi

The applicants raised triable issues regarding service of process and the agreed interest rate, thus unconditional leave to defend is warranted under Order XXXV Rule 3(1) CPC.

Court Disposition

Application allowed; unconditional leave to defend granted; no order as to costs.

Orders

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