The Respondent entered into agreements for Multi Option Facility Commercial Terms and Term Loan Commercial Terms with the first Appellant. To secure the facilities, the Respondent accepted several securities in different forms namely; two legal mortgages for unspecified amounts from Michael Kimwaga, second Appellant over a landed property on farm No. 2553, CT No. 4299, Kibamba area in Kinondoni District and Monica Kimwaga, fifth Appellant, over a property on Farm No. 2555 CT No. 42497 also in Kibamba area, Kinondoni District. In addition, the 1st Appellant executed a debenture over all of its properties and assets. The first Appellant defaulted repayment of the facilities in accordance with the terms agreed. The Respondent demanded payment but in vain. Consequently, the Respondent issued notices of default to the third and fifth Appellants who had executed legal mortgages in her favour. Despite the notices of default, none of them heeded thereto. Consequently, the Respondent instituted a suit against the Appellants under summary procedure. The Appellants’ application for leave to appear and defend hit a snag, for the trial court found it incompetent and struck it out. A summary judgment in favour of the Respondent was entered.

