20100924 TZHC Dar es Salaam

20100924 TZHC Dar es Salaam

The Defendant received substantial payment under the contract but failed to perform or hand over the project, constituting a clear breach. The Plaintiff is entitled to restitution of the sums paid, interest, and costs. General damages were not awarded due to lack of concrete evidence.

Citation
20100924 TZHC Dar es Salaam
Parties
Plaintiff: The Attorney General; Defendant: M/S Dengard System (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 September 2010
Procedural Posture
Commercial Case / Ex Parte Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Breach of Contract, Specific Performance, Damages, Interest on Judgment Debt
Source Language
English
Contract Law Commercial Law Breach of Contract Specific Performance Damages Interest on Judgment Debt

Case Brief

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Parties

The Attorney General

Plaintiff

M/S Dengard System (T) Ltd

Defendant

Procedural Posture

Commercial Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether there was a contract between the Plaintiff and Defendant and its terms
  2. 2 Whether the Defendant breached the contract
  3. 3 Whether the Plaintiff suffered general damages

Ratio Decidendi

The Defendant received substantial payment under the contract but failed to perform or hand over the project, constituting a clear breach. The Plaintiff is entitled to restitution of the sums paid, interest, and costs. General damages were not awarded due to lack of concrete evidence.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff USD 202,680 as restitution of advance payment
  • Defendant to pay interest at 30% per annum on USD 202,680 from date of filing to judgment