beda y mgaya ta befca technical and supplies vs attorney general and another 2020 tzhc 4280 15 december 2020

beda y mgaya ta befca technical and supplies vs attorney general and another 2020 tzhc 4280 15 december 2020

The defendants' written statement of defence consisted of general and evasive denials, failing to specifically address the plaintiff's factual allegations as required by the Civil Procedure Code. This violation entitles the plaintiff to judgment on admission for the liquidated sum claimed.

Source-derived case information.

Citation
beda y mgaya ta befca technical and supplies vs attorney general and another 2020 tzhc 4280 15 december 2020
Parties
Plaintiff: Beda Y. Mgaya t/a Befca Technical and Supplies; 1st Defendant: The Honourable Attorney General; 2nd Defendant: Minister for Agriculture, Food Security and Cooperatives
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2020
Procedural Posture
Civil / Ruling on Application for Judgment on Admission
Outcome
judgment on admission entered for the plaintiff
Legal Topics
Judgment on Admission, General and Evasive Denials, Liquidated Claims, Pleadings Requirements
Source Language
english
Civil Procedure Contract Law Judgment on Admission General and Evasive Denials Liquidated Claims Pleadings Requirements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Beda Y. Mgaya t/a Befca Technical and Supplies

Plaintiff

The Honourable Attorney General

1st Defendant

Minister for Agriculture, Food Security and Cooperatives

2nd Defendant

Procedural Posture

Civil / Ruling on Application for Judgment on Admission

Legal Issues

  1. 1 Whether the defendants' written statement of defence constitutes general and evasive denials in violation of Order VIII Rules 3, 4, and 5 of the Civil Procedure Code
  2. 2 Whether judgment on admission should be entered for the plaintiff

Ratio Decidendi

The defendants' written statement of defence consisted of general and evasive denials, failing to specifically address the plaintiff's factual allegations as required by the Civil Procedure Code. This violation entitles the plaintiff to judgment on admission for the liquidated sum claimed.

Court Disposition

judgment on admission entered for the plaintiff

Orders

  • Payment of Tshs 11,163,149 as principal sum
  • Interest at 12% per annum from 1st July 2015 to the date of judgment