alaf limited vs ummy hashim kazungu 2023 tzhccomd 141 26 may 2023

alaf limited vs ummy hashim kazungu 2023 tzhccomd 141 26 may 2023

Plaintiff proved supply of goods and outstanding debt, complied with procedural requirements for default judgment, and defendant failed to defend; court grants judgment in favor of plaintiff.

Citation
alaf limited vs ummy hashim kazungu 2023 tzhccomd 141 26 may 2023
Parties
Plaintiff: ALAF Limited; Defendant: Ummy Hashim Kazungu
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 May 2023
Procedural Posture
Commercial / Default Judgment
Outcome
judgment for plaintiff
Legal Topics
Default Judgment, Credit Sales, Proof of Claim, Service of Summons
Source Language
English

Case Brief

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Parties

ALAF Limited

Plaintiff

Ummy Hashim Kazungu

Defendant

Procedural Posture

Commercial / Default Judgment

  1. 1 Whether the plaintiff is entitled to the prayers and reliefs sought due to the defendant's failure to pay for goods supplied on credit

Ratio Decidendi

Plaintiff proved supply of goods and outstanding debt, complied with procedural requirements for default judgment, and defendant failed to defend; court grants judgment in favor of plaintiff.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to remit TZS 108,665,230.60 to plaintiff.
  • Defendant to pay interest at commercial rate of 12% from date of judgment till full payment.