fredrick basil mramba and another vs bank of india tanzania limited 2021 tzhccomd 2060 16 april 2021

fredrick basil mramba and another vs bank of india tanzania limited 2021 tzhccomd 2060 16 april 2021

The main case was wrongly filed under summary procedure as the 2nd applicant is not a mortgagor and the cause of action against her does not arise from a mortgage; applicants are entitled to leave to defend the main case.

Citation
fredrick basil mramba and another vs bank of india tanzania limited 2021 tzhccomd 2060 16 april 2021
Parties
1st Applicant/defendant: Fredrick Basil Mramba T/A F.B.M. Fashion Company; 2nd Applicant/defendant: Lightness Fredrick Mramba; Respondent/plaintiff: Bank of India (Tanzania) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 April 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Leave to Defend Summary Procedure Suit
Outcome
Application granted
Legal Topics
Summary Procedure, Mortgage, Guarantee and Indemnity, Leave to Defend
Source Language
English
Civil Procedure Banking Law Property Law Summary Procedure Mortgage Guarantee and Indemnity Leave to Defend

Case Brief

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Parties

Fredrick Basil Mramba T/A F.B.M. Fashion Company

1st Applicant/defendant

Lightness Fredrick Mramba

2nd Applicant/defendant

Bank of India (Tanzania) Limited

Respondent/plaintiff

Procedural Posture

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

Legal Issues

  1. 1 Whether the main case was properly filed under summary procedure against the applicants
  2. 2 Whether the 2nd applicant is a mortgagor or only a guarantor
  3. 3 Whether applicants are entitled to leave to defend the suit

Ratio Decidendi

The main case was wrongly filed under summary procedure as the 2nd applicant is not a mortgagor and the cause of action against her does not arise from a mortgage; applicants are entitled to leave to defend the main case.

Court Disposition

Application granted

Orders

  • Applicants granted leave to defend Commercial Case No. 33 of 2020
  • Costs will be in course