KEC International Limited versus Azania Bank Limited

KEC International Limited versus Azania Bank Limited; Commercial Case No 152 of 2015: High Court of Tanzania (Commercial Division) at Dar es Salam (Unreported).

• Civil Procedure

• Written statement of Defence – Limitation of time – whether the date on which the Summons was received is included from counting the period of limitations for filing written statement of defence under the commercial Court Rules.

Held:-

According to section 19(1) of the Law of Limitation Act, Cap 89 R.E 2002 and Section 60 (1)(b) of the Interpretation of Laws and General Clauses Act, Cap 1 R.E 2002, in filing a written statement of defence, the day when summons was received should be excluded for counting period of twenty one days.