ecica trading limited others vs diamond trust bank tanzania limited 2015 tzhccomd 2120 6 november 2015

ecica trading limited others vs diamond trust bank tanzania limited 2015 tzhccomd 2120 6 november 2015

The applicants satisfied the statutory conditions for leave to defend by admitting the loan and demonstrating partial repayment; therefore, leave to defend the summary suit is granted.

Citation
ecica trading limited others vs diamond trust bank tanzania limited 2015 tzhccomd 2120 6 november 2015
Parties
Applicant/defendant: ECICA Trading Limited; Applicant/defendant: Elias Ulisaja Mwanjala; Applicant/defendant: Eva Elias Mwanjala; Applicant/defendant: Grace John; Respondent/plaintiff: Diamond Trust Bank Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
6 November 2015
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Leave to Defend Summary Suit
Outcome
Application allowed
Legal Topics
Summary Suits, Leave to Defend, Mortgage Enforcement, Loan Repayment, Personal Guarantees
Source Language
English
Banking Law Civil Procedure Mortgage Law Summary Suits Leave to Defend Mortgage Enforcement Loan Repayment Personal Guarantees

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Parties

ECICA Trading Limited

Applicant/defendant

Elias Ulisaja Mwanjala

Applicant/defendant

Eva Elias Mwanjala

Applicant/defendant

Grace John

Applicant/defendant

Diamond Trust Bank Tanzania Limited

Respondent/plaintiff

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants/defendants are entitled to unconditional leave to defend the summary suit under Order XXXV Rule 3 of the Civil Procedure Code as amended by the Mortgage Financing (Special Provisions) Act, 2008.

Ratio Decidendi

The applicants satisfied the statutory conditions for leave to defend by admitting the loan and demonstrating partial repayment; therefore, leave to defend the summary suit is granted.

Court Disposition

Application allowed

Orders

  • Leave granted to all applicants to defend the summary suit
  • Costs to follow the cause in the main suit