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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 defendant did not show sufficient cause for delay, but the plaintiff failed to provide proof of service of summons; without such proof, the court cannot grant the reliefs sought in the plaint. Therefore, the defendant is granted an extension of time to apply for leave to defend.
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Application struck out for failure to exhaust available remedies as required by Order XXXV Rule 8 of Civil Procedure Code; existence of special circumstances noted but remedy must be sought in trial court.
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The applicant demonstrated the existence of triable issues and a reasonable defence, particularly regarding the disputed amount of statutory contributions and the identity of the proper party, which require evidence and cannot be determined at this stage. Therefore, leave to defend the summary suit is granted.
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The applicant's affidavit disclosed triable issues regarding payments made towards the claimed debt, justifying the grant of leave to appear and defend the suit.
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The High Court Land Division dismissed a review application, holding there was no new evidence or error apparent on the record to reopen the earlier dismissal.
The High Court Land Division dismissed a review application, holding there was no apparent error or new evidence and that the applicants had conceded the preliminary objection.
The High Court granted leave to defend a summary suit after finding a triable factual issue over the amount allegedly owed in social insurance contributions.
Recovery of NSSF contributions by summary suit under Order XXXV of the Civil Procedure Code is not maintainable unless the Chief Justice amends the CPC to expressly permit such suits; statutory provisions alone do not override procedural requirements of the CPC.
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The trial court erred by entering judgment in the Miscellaneous Application instead of the main suit, failing to recognize triable issues regarding the proceeds from sale of mortgaged goods, and improperly impleading persons not party to the mortgage deed in a summary suit.
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