crdb bank ltd vs f m general merchandise co ltd 3 others 2000 tzhccomd 10 18 july 2000

crdb bank ltd vs f m general merchandise co ltd 3 others 2000 tzhccomd 10 18 july 2000

The applicants raised triable issues regarding the service of process and the agreed interest rate, thus they are entitled to unconditional leave to defend the suit under Order XXXV Rule 3(1) of the Civil Procedure Code.

Citation
crdb bank ltd vs f m general merchandise co ltd 3 others 2000 tzhccomd 10 18 july 2000
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
TZHCCOMD
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.
Legal Topics
Summary Procedure, Leave to Defend, Loan Agreement, Interest Dispute
Source Language
English
Civil Procedure Banking Law Summary Procedure Leave to Defend Loan Agreement Interest Dispute

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

Ratio Decidendi

The applicants raised triable issues regarding the service of process and the agreed interest rate, thus they are entitled to unconditional leave to defend the suit under Order XXXV Rule 3(1) of the Civil Procedure Code.

Court Disposition

Application allowed; unconditional leave to defend granted.

Orders

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