bq contractors limited vs dangote cement limited 2022 tzhccomd 173 31 march 2022

bq contractors limited vs dangote cement limited 2022 tzhccomd 173 31 march 2022

The court found that the plaintiff failed to prove specific damages or third party claims resulting from delayed payments. The court held that, except for admitted delays in payment of USD 74,307.55 for six days and USD 386,582.31 for over three months, the payments were made in accordance with the contract. The defendant's admissions entitled the plaintiff to general damages only for the proven delays.

Citation
bq contractors limited vs dangote cement limited 2022 tzhccomd 173 31 march 2022
Parties
Plaintiff: BQ Contractors Limited; Defendant: Dangote Cement Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Commercial Case / Judgment
Outcome
Partly allowed
Legal Topics
Delayed Payment, Breach of Contract, Damages, Interest on Delayed Payments
Source Language
English
Contract Law Commercial Law Delayed Payment Breach of Contract Damages Interest on Delayed Payments

Case Brief

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Parties

BQ Contractors Limited

Plaintiff

Dangote Cement Limited

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether payments of the contract price were made in accordance with the terms and conditions of the contract between the plaintiff and the defendant
  2. 2 To what reliefs are the parties entitled

Ratio Decidendi

The court found that the plaintiff failed to prove specific damages or third party claims resulting from delayed payments. The court held that, except for admitted delays in payment of USD 74,307.55 for six days and USD 386,582.31 for over three months, the payments were made in accordance with the contract. The defendant's admissions entitled the plaintiff to general damages only for the proven delays.

Court Disposition

Partly allowed

Orders

  • Defendant to pay plaintiff USD 25,000 as general damages.
  • Defendant to pay interest at 7% per annum on the general damages from the date of judgment to the date of payment in full.