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Tanzania decisions
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The applicant demonstrated the existence of a difficult point of law and a dispute to be resolved, which justifies granting unconditional leave to appear and defend the suit.
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The applicant has disclosed a substantial triable legal issue regarding exemption from service levy, justifying the grant of leave to defend the summary suit.
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The applicant's affidavit disputed the amount claimed, establishing antagonistic matters and a triable issue, thus meriting leave to appear and defend the suit.
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The High Court declined leave to defend a summary suit over unpaid social security contributions, finding no arguable defence where partial payment was admitted.
Leave to defend is granted because the applicant has established a triable issue regarding the amount of unremitted contributions due, as partial payments are not expressly disputed by the respondents. The suit was properly instituted under summary procedure since unremitted NSSF contributions are debts due to the Government. The applicant's alleged counterclaim is not a valid ground for leave as it does not directly relate to the unremitted contributions in issue.
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Leave to defend is granted because the applicant established a triable issue regarding the amount of unremitted contributions, which is disputed and partially acknowledged by the respondents; other grounds, including counterclaim and procedural challenge, are insufficient for leave.
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The applicant's affidavit established contentious issues regarding the amount and employee records, sufficient to constitute triable issues. Leave to defend is granted without conditions.
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The application was filed out of time and thus the court lacks jurisdiction to entertain it; applicant should have applied for extension of time under section 14(1) of the Law of Limitation Act, Cap 89; as there is no valid application before the court, the matter is dismissed.
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The applicant failed to disclose sufficient facts or a confirmed triable issue in the affidavit, as the claim of double taxation was speculative and unsupported by law or evidence. The omission of the preparer's name on the application did not render it incompetent since the applicant is not a law firm or advocate. Consequently, the application for leave to defend was dismissed.
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Leave to defend is granted because the applicant raised triable issues regarding the amount claimed, remitted contributions, and the effect of the pandemic on operations, which merit determination in the main suit.
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