19971204 TZHC Dar es Salaam

19971204 TZHC Dar es Salaam

The defendant did not admit the full sum claimed by the plaintiff; only £13,710.42 was categorically admitted. Judgment on admission cannot be entered for contested amounts. Leave to prove interest by affidavit was refused as no exceptional circumstances were established.

Citation
19971204 TZHC Dar es Salaam
Parties
Plaintiff: Guest & Chrimes Limited; Defendant: National Urban Water Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 1997
Procedural Posture
Civil / Ruling on Application for Judgment by Admission and Leave to Prove Interest by Affidavit
Outcome
Both prayers refused
Legal Topics
Judgment on Admission, Proof of Interest, Contractual Debt
Source Language
English
Civil Procedure Judgment on Admission Proof of Interest Contractual Debt

Case Brief

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Parties

Guest & Chrimes Limited

Plaintiff

National Urban Water Authority

Defendant

Procedural Posture

Civil / Ruling on Application for Judgment by Admission and Leave to Prove Interest by Affidavit

Legal Issues

  1. 1 Whether the defendant admitted the debt to the extent claimed by the plaintiff for judgment on admission under Order XII Rule 4 CPC
  2. 2 Whether leave should be granted to prove interest by affidavit

Ratio Decidendi

The defendant did not admit the full sum claimed by the plaintiff; only £13,710.42 was categorically admitted. Judgment on admission cannot be entered for contested amounts. Leave to prove interest by affidavit was refused as no exceptional circumstances were established.

Court Disposition

Both prayers refused

Orders

  • Application for judgment by admission in the sum of £30,349.92 is rejected.
  • Application for leave to prove interest by affidavit is refused.