KAGERA TEA
The applicant's affidavit disputed the amount claimed, establishing antagonistic matters and a triable issue, thus meriting leave to appear and defend the suit.
Source excerpt
- Summary procedure
- Leave to defend
- Affidavit requirements
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51
The High Court entered summary judgment for NSSF and the Attorney General against Bomba Radio FM for unpaid statutory social insurance contributions and penalties.
- Statutory contributions
- Summary procedure
- Employer obligations
- Penalties for non-compliance
- Summary-judgment
- Social-security-contributions
AIZEK IBRAHIM ITEBA
The High Court at Shinyanga entered judgment on admission for Tshs. 12,550,000 after the first defendant admitted owing that amount under a loan agreement.
- Loan agreement breach
- Judgment on admission
- Summary procedure
- Judgment-on-admission
- Civil-procedure
- Loan-agreement
yapi 79
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.
Source excerpt
- Summary procedure
- Leave to defend
- Unremitted social security contributions
- Counterclaims
yapi 77
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.
Source excerpt
- Summary procedure
- Unremitted contributions
- Leave to defend
- Counterclaim
SHINYANGA MUNICIPAL COUNCIL
The High Court entered summary judgment for the plaintiffs after the defendants failed to obtain leave to defend a loan-recovery claim.
- Summary procedure
- Loan agreement breach
- Default judgment
- Summary-judgment
- Leave-to-defend
- Loan-agreement-breach
RADDY FIBER SOLUTION 0001
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.
Source excerpt
- Summary procedure
- Leave to defend
- Triable issues
SKONGE DISTRICT COUNCIL VS MICHAEL JULIUS SIMWERA
Defendant's failure to apply for leave to defend under Order XXXV CPC results in the allegations in the plaint being deemed admitted, entitling the plaintiff to summary judgment for the claimed amount, interest, and costs.
Source excerpt
- Summary procedure
- Revenue collection
- Contractual obligations
uyui district council attorney general v pachtec company limited 2024 tzhc 307 20 february 2024
The High Court granted summary judgment for Uyui District Council and the Attorney General after the defendant failed to seek leave to defend a crop cess debt claim.
- Summary procedure
- Crop cess
- Debt recovery
- Default judgment
- Summary-judgment
- Default-judgment
PANONE
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.
Source excerpt
- Summary procedure
- Leave to defend
- Statutory contributions
- Triable issues
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