20160614 TZHC Dar es Salaam

20160614 TZHC Dar es Salaam

The plaintiff's failure to file a defence to the counterclaim entitles the counterclaimant to default judgment for the reliefs sought, including return of goods or payment of their value, compensation for loss of use, interest, general damages, and costs.

Citation
20160614 TZHC Dar es Salaam
Parties
Plaintiff: Hashi Energy (T) Ltd; Defendant: Richol Company Ltd; Defendant: Singida Copec Petrol Station; Defendant: KCB Bank (T) Ltd; Defendant/counterclaimant: Khamis Maganga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 2016
Procedural Posture
Commercial Case / Default Judgment on Counterclaim
Outcome
Judgment for counterclaimant (Khamis Maganga) by default.
Legal Topics
Default Judgment, Counterclaim, Contractual Debt, Interest on Debt, General Damages
Source Language
English
Commercial Law Default Judgment Counterclaim Contractual Debt Interest on Debt General Damages

Case Brief

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Parties

Hashi Energy (T) Ltd

Plaintiff

Richol Company Ltd

Defendant

Singida Copec Petrol Station

Defendant

KCB Bank (T) Ltd

Defendant

Khamis Maganga

Defendant/counterclaimant

Procedural Posture

Commercial Case / Default Judgment on Counterclaim

Legal Issues

  1. 1 Whether the plaintiff failed to defend the counterclaim
  2. 2 Entitlement of the counterclaimant to default judgment and reliefs claimed

Ratio Decidendi

The plaintiff's failure to file a defence to the counterclaim entitles the counterclaimant to default judgment for the reliefs sought, including return of goods or payment of their value, compensation for loss of use, interest, general damages, and costs.

Court Disposition

Judgment for counterclaimant (Khamis Maganga) by default.

Orders

  • Plaintiff to return 113,000 litres of petroleum products to Khamis Maganga or pay Tshs. 228,050,000.00 as value.
  • Plaintiff to pay Tshs. 109,140,000.00 for loss due to non-use of trucks and trailers for eight months.