National Bank of Commerce Ltd versus Tumaini Jonas Bisheko

National Bank of Commerce Ltd versus Tumaini Jonas Bisheko; Commercial Case No 34 of 2015:  High Court of Tanzania (Commercial Division) at Dar es Salaam.

• Civil Procedure

• Summary Suit – the applicant has not been granted leave to defend a summary suit – what is the procedure to be followed?

Held:-

When the defendant in a summary suit has not obtained leave to defend the summary suit for whatever reason, the Plaintiff in the summary suit is entitled to judgment as prayed for in the plaint in terms of Order XX Rule 2 (2)(a) and (b) of the Civil Procedure Code.