20160314 TZHC Dar es Salaam 1

20160314 TZHC Dar es Salaam 1

The plaintiff proved, through documentary evidence and uncontroverted testimony, that the defendant owed Tshs. 194,996,000 for security services rendered in August, September, and October 2009. The defendant failed to produce evidence of payment or to disprove the plaintiff's claim. The plaintiff is entitled to the principal sum, general damages, interest at court rate from judgment, and costs.

Citation
20160314 TZHC Dar es Salaam 1
Parties
Plaintiff: Adam Rashid Chohora; Defendant: Knight Support (T) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 March 2016
Procedural Posture
Commercial Case / Judgment After Full Trial
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Outstanding Payments, General Damages, Interest on Judgment Debt
Source Language
English
Contract Law Commercial Law Breach of Contract Outstanding Payments General Damages Interest on Judgment Debt

Case Brief

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Parties

Adam Rashid Chohora

Plaintiff

Knight Support (T) Limited

Defendant

Procedural Posture

Commercial Case / Judgment After Full Trial

Legal Issues

  1. 1 Whether at the date of termination of the contract the defendant owed the plaintiff Tshs. 194,996,000 as outstanding claim for security services rendered in August, September, and October 2009
  2. 2 To what reliefs are the parties entitled

Ratio Decidendi

The plaintiff proved, through documentary evidence and uncontroverted testimony, that the defendant owed Tshs. 194,996,000 for security services rendered in August, September, and October 2009. The defendant failed to produce evidence of payment or to disprove the plaintiff's claim. The plaintiff is entitled to the principal sum, general damages, interest at court rate from judgment, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff Tshs. 194,996,000 as principal outstanding amount
  • Defendant to pay plaintiff Tshs. 10,000,000 as general damages