The respondent instituted a summary suit under Order XXXV of
the Civil Procedure Code [Cap 33 R.E. 2002] against the applicants to recover a
sum of Tshs. 78,708,283.46 which was an outstanding sum on the debt and
overdraft facilities advanced to the first Defendant. In response to the plaint
and claims by the respondent herein, applicants filed an application under
Order XXXV, rule 3(1) of the Civil Procedure Code [Cap 33 R.E. 2002] for leave
to appear and defend the suit. The main issue in this court was whether to
grant leave to the applicants.