Summary Suits

Published by Benedict Magoto Mayani

Summary suits are a unique sets of legal procedures  where courts pass judgement without hearing the defense defendant’s case. Whereas these suits are applicable in the following set of matters: -

                   I.        Bills of exchange (including cheques) or promissory notes;

                 II.       Suits for the recovery of income tax and suits arising out of mortgages whether legal or equitable for (sale, foreclosure;

      III.   Payment of monies secured by mortgage, redemption, transfer, or discharge);

                IV.   Suits by the Tanzania Electricity Supply Company Limited for recovery of meter rents, charges for the supply of electricity and any charges (including any tax) connected with or accidental to the supply with electricity to any consumer;

                  V.Suits for the recovery of rent, interest or other debts due to the republic, the government or any local government authority;

                VI.    Suits for recovery of possession of any immovable property and others.

 

The purpose of these procedures is to ensure that there is no unnecessary delays and no abuse of courts procedures.

If the defendant wishes to defend the suit, he has to seek permission before the court to defend his/her case, the court has discretion to grant permission conditionally or unconditionally, depending on the grounds advanced.

To understand how a parties rights may be protected under this procedure, one should consult qualified Attorneys who can advise on the best strategy to file the case or the best defense to get the court to hear your side.