techpack t ltd vs tanesco another 2023 tzhccomd 220 17 july 2023
The applicant failed to specify the genuine amount owed or provide sufficient facts to demonstrate a triable issue. Mere assertions of exaggeration without substantiation do not meet the threshold for leave to defend a summary suit.
- Citation
- techpack t ltd vs tanesco another 2023 tzhccomd 220 17 july 2023
- Parties
- Applicant: Techpack Tanzania Limited; 1st Respondent: Tanzania Electrical Supply Company Ltd; 2nd Respondent: Attorney General
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 17 July 2023
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Application for Leave to Appear and Defend Summary Suit
- Outcome
- Application dismissed with costs
- Legal Topics
- Summary Suit, Leave to Defend, Affidavit Evidence, Debt Recovery
- Source Language
- English
Case Brief
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Parties
Techpack Tanzania Limited
Applicant
Tanzania Electrical Supply Company Ltd
1st Respondent
Attorney General
2nd Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Leave to Appear and Defend Summary Suit
Legal Issues
- 1 Whether the applicant has disclosed sufficient facts demonstrating a triable issue to warrant leave to defend the summary suit
Ratio Decidendi
The applicant failed to specify the genuine amount owed or provide sufficient facts to demonstrate a triable issue. Mere assertions of exaggeration without substantiation do not meet the threshold for leave to defend a summary suit.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed
- Applicant to pay costs
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