20150227 TZHC Dar es Salaam2

20150227 TZHC Dar es Salaam2

The defendant, having been served and failing to file a defence, is deemed to have admitted the plaintiff's claims. The plaintiff is entitled to judgment as prayed for, including the principal sum, general damages, interest, and costs.

Citation
20150227 TZHC Dar es Salaam2
Parties
Plaintiff: Bollore Africa Logistics Tanzania Limited; Defendant: Deus Nyanza t/a MBN Traders
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 2015
Procedural Posture
Commercial Case / Default Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Non Performance of Contract, Default Judgment, Damages, Interest on Sums Due
Source Language
English
Contract Law Commercial Law Non Performance of Contract Default Judgment Damages Interest on Sums Due

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Parties

Bollore Africa Logistics Tanzania Limited

Plaintiff

Deus Nyanza t/a MBN Traders

Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

  1. 1 Whether the defendant failed to perform contractual obligations by not delivering loading equipment after receiving payment
  2. 2 Whether the plaintiff is entitled to the claimed sums, damages, and interest due to non-performance

Ratio Decidendi

The defendant, having been served and failing to file a defence, is deemed to have admitted the plaintiff's claims. The plaintiff is entitled to judgment as prayed for, including the principal sum, general damages, interest, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff USD 36,624.00
  • Defendant to pay plaintiff general damages of Tshs. 5,000,000