ALISEO PETER NDITI VS. KCB BANK TANZANIA LTD

Abstract

The appellant herein was the defendant in Commercial Case No.41 of 2013 wherein, a summary suit in terms of Order XXXV of the Civil Procedure Code Act, Cap 33 R.E 2002 (the Civil Code), was preferred against him by the respondent. On his part, he challenged the said suit by way of a preliminary objection on the ground that, the suit was sub-judice. The preliminary objection was however overruled and dismissed, in a ruling that was handed down on the 7th day of January, 2015, which is the subject of this appeal.