banka monte dei paschi di siena spa vs italframe limited 2018 tzhccomd 89 2 july 2018

banka monte dei paschi di siena spa vs italframe limited 2018 tzhccomd 89 2 july 2018

The defendant, having been duly served and failing to file for leave to appear and defend within the prescribed time, is liable for the outstanding amount claimed by the plaintiff, with interest as determined by the court.

Citation
banka monte dei paschi di siena spa vs italframe limited 2018 tzhccomd 89 2 july 2018
Parties
Plaintiff: BANCA MONTE DEi PASCHI DI SIENA S. P. A; Defendant: ITALFRAME LIMITED
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
2 July 2018
Procedural Posture
Commercial Case / Summary Judgment
Outcome
Summary judgment for the plaintiff
Legal Topics
Summary Judgment, Debt Recovery, Interest on Judgment Debt
Source Language
English
Commercial Law Summary Judgment Debt Recovery Interest on Judgment Debt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

BANCA MONTE DEi PASCHI DI SIENA S. P. A

Plaintiff

ITALFRAME LIMITED

Defendant

Procedural Posture

Commercial Case / Summary Judgment

Legal Issues

  1. 1 Whether the defendant failed to file for leave to appear and defend within the prescribed time
  2. 2 Whether the plaintiff is entitled to summary judgment for the outstanding amount

Ratio Decidendi

The defendant, having been duly served and failing to file for leave to appear and defend within the prescribed time, is liable for the outstanding amount claimed by the plaintiff, with interest as determined by the court.

Court Disposition

Summary judgment for the plaintiff

Orders

  • Defendant to pay plaintiff EURO 26,040.30 as outstanding amount for building equipment supplied.
  • Interest on decretal sum at 5% per annum from date of filing suit to date of judgment.