the board of trustees parastatal pension fund vs mark ad pr international t ltd 2003 tzhccomd 38 19 june 2003
The application is dismissed because the applicant admitted being in arrears and failed to raise any triable issue; mere complaint of being denied opportunity to pay is not a defence.
Source-derived case information.
- Citation
- the board of trustees parastatal pension fund vs mark ad pr international t ltd 2003 tzhccomd 38 19 june 2003
- Parties
- Plaintiff: The Board of Trustees Parastatal Pension Fund; Defendant: Mark-Ad & PR International (T) Ltd
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 19 June 2003
- Procedural Posture
- Commercial Case / Ruling on Application
- Outcome
- Application dismissed. Judgment granted to plaintiff as prayed with costs.
- Legal Topics
- Rent Arrears, Summary Judgment, Defence to Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Board of Trustees Parastatal Pension Fund
Plaintiff
Mark-Ad & PR International (T) Ltd
Defendant
Procedural Posture
Commercial Case / Ruling on Application
Legal Issues
- 1 Whether the applicant has raised any triable issue to warrant the application being granted
- 2 Whether admission of arrears and non-payment constitutes a defence
Ratio Decidendi
The application is dismissed because the applicant admitted being in arrears and failed to raise any triable issue; mere complaint of being denied opportunity to pay is not a defence.
Court Disposition
Application dismissed. Judgment granted to plaintiff as prayed with costs.
Orders
- Application dismissed with costs
- Judgment granted to plaintiff as prayed with costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 53 OF 2003 THE BOARD OF TRUSTEES PARASTATAL PENSION FUND PLAINTIFF VERSUS MARK-AD & PR INTERNATIONAL (T) LTD..... DEFENDANT R U L I N G KIMARO,J. Having heard the Advocates submission and having gone through the application and the affidavits I will dismiss the application because of two main reasons: 1. The applicant admits being in arrears and also admits that the rent arrears have not been paid. 2. The affidavit of the applicant in support of the application coupled with the submission by his advocate does not raise any triable issue at all. N The only complaint which the applicant has given is that he had been denied an opportunity to make payment. Surely this is not a defence. The application is dismissed with costs. Judgment is granted to the plaintiff as prayed with costs. N.P.KIMARO, JUDGE 19/06/2003 ., ~-' a ~.D Or·.;:ct .. .: ~ ...I,--.. ~. 11:-:: .......... .. . .. '{/lv' ........• va vJ1.· 1••••.• " ~. r'~1.vJ,- .... ..