utegi technical enterprises t ltd 5 others vs kbc t ltd 2011 tzhccomd 2111 3 june 2011

utegi technical enterprises t ltd 5 others vs kbc t ltd 2011 tzhccomd 2111 3 june 2011

Applicants/defendants established triable issues including a question of jurisdiction, allegations of bad faith, and an intended counterclaim. These issues require determination at trial and justify granting unconditional leave to appear and defend the summary suit.

Citation
utegi technical enterprises t ltd 5 others vs kbc t ltd 2011 tzhccomd 2111 3 june 2011
Parties
Applicant/defendant: Utegi Technical Enterprises (T) Ltd; Applicant/defendant: Otieno Olunga Igogo; Applicant/defendant: Idd Gullam Fazil; Applicant/defendant: Margareth Joseph Olambo; Applicant/defendant: Cesilia Colnel; Applicant/defendant: Opela Olunga; Plaintiff/respondent: KCB Tanzania Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 June 2011
Procedural Posture
Application for Leave to Defend (summary Procedure) / Ruling on Application for Leave to Defend
Outcome
Application granted
Legal Topics
Summary Procedure, Leave to Defend, Mortgage Enforcement, Jurisdiction, Counterclaim, Bad Faith, Res Judicata
Source Language
English
Civil Procedure Banking Law Mortgage Law Summary Procedure Leave to Defend Mortgage Enforcement Jurisdiction Counterclaim +2 more

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Parties

Utegi Technical Enterprises (T) Ltd

Applicant/defendant

Otieno Olunga Igogo

Applicant/defendant

Idd Gullam Fazil

Applicant/defendant

Margareth Joseph Olambo

Applicant/defendant

Cesilia Colnel

Applicant/defendant

Opela Olunga

Applicant/defendant

KCB Tanzania Ltd

Plaintiff/respondent

Procedural Posture

Application for Leave to Defend (summary Procedure) / Ruling on Application for Leave to Defend

Legal Issues

  1. 1 Whether the applicants/defendants have shown sufficient grounds for leave to appear and defend a summary suit for recovery of money secured by mortgage
  2. 2 Whether intended preliminary objection on competency of the suit constitutes a triable issue
  3. 3 Whether allegations of bad faith and intended counterclaim constitute triable issues

Ratio Decidendi

Applicants/defendants established triable issues including a question of jurisdiction, allegations of bad faith, and an intended counterclaim. These issues require determination at trial and justify granting unconditional leave to appear and defend the summary suit.

Court Disposition

Application granted

Orders

  • Applicants/Defendants granted unconditional leave to appear and defend the suit
  • Costs of the application to be costs in the cause