crdb bank ltd vs arboghast mkahe oiso ta auto assessors company 2000 tzhccomd 9 31 july 2000

crdb bank ltd vs arboghast mkahe oiso ta auto assessors company 2000 tzhccomd 9 31 july 2000

The defendant has raised triable issues regarding the conditions for repayment and the nature of interest charged, entitling him to leave to defend under the law governing summary suits.

Citation
crdb bank ltd vs arboghast mkahe oiso ta auto assessors company 2000 tzhccomd 9 31 july 2000
Parties
Plaintiff/respondent: CRDB Bank Limited; Defendant/applicant: Arboghast Mkahe Oiso T/a Auto Assessors Company
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 July 2000
Procedural Posture
Summary Suit Under Order 35 Civil Procedure Code / Application for Leave to Defend
Outcome
Leave to defend granted
Legal Topics
Summary Suits, Leave to Defend, Overdraft Facility, Interest Calculation, Injunctions, Case Consolidation
Source Language
English
Civil Procedure Banking Law Summary Suits Leave to Defend Overdraft Facility Interest Calculation Injunctions Case Consolidation

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Parties

CRDB Bank Limited

Plaintiff/respondent

Arboghast Mkahe Oiso T/a Auto Assessors Company

Defendant/applicant

Procedural Posture

Summary Suit Under Order 35 Civil Procedure Code / Application for Leave to Defend

Legal Issues

  1. 1 Whether the defendant has raised triable issues entitling him to leave to defend in a summary suit
  2. 2 Whether the repayment of the overdraft was conditional on sale of imported spare parts
  3. 3 Whether the interest charged was compound or simple

Ratio Decidendi

The defendant has raised triable issues regarding the conditions for repayment and the nature of interest charged, entitling him to leave to defend under the law governing summary suits.

Court Disposition

Leave to defend granted

Orders

  • Defendant to file written statement of defence by 18th May, 2000.
  • Plaintiff to file reply, if any, by 24th May, 2000.