FB GENERAL CONTRACTORS ANA ANOTHER VS BANK OF BARODA TANZANIA LIMITED 2025 TZCA 61 (24 FEBRUARY 2025)

Abstract

The respondent, Bank of Baroda Tanzania Limited instituted a suit, Commercial Case No. 13 of 2019 under summary procedure, pursuant to Order XXXV of the Civil Procedure Code, Cap 33 at the High Court of Tanzania, Commercial Division at Mwanza. The suit was preferred against the appellants, FB General Contractors and Felix Rwebangira and two others namely, Anatory Mufundi Blandes and Bonanza Gareya, who are not parties to this appeal. It is not out of place to point out at the outset that, the suit against Anatory Mufundi Blandes, who was the third defendant was dropped before the trial commenced while it proceeded ex-parte against Bonanza Gareya, the fourth defendant because he did not enter appearance though he was duly served through substituted service by publication in Mwananchi newspaper