Commercial Bank of Africa (Tanzania) Limited versus NAM Enterprises Limited and Two Others

Commercial Bank of Africa (Tanzania) Limited versus NAM Enterprises Limited and Two Others; Commercial Case No. 98 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Civil Procedure

• Summary suit – Defendants’  application to defend struck out- effect

Held:-

When the defendants application to defend summary suit is struck out or denied, the plaintiff, in terms of Order XXXV Rule 2(2)(a) of the CPC and Rule 67(3) of the High Court (Commercial Division) Procedure Rules, 2012, is entitled to judgment as prayed for in the plaint.  (Cited CRDB Bank Limited v. John Kagimbo Lwambagaza (2002) TLR 117).