golden palm ltd vs cosmos properties ltd 2023 tzhc 17959 31 may 2023

The defendant (Golden Palm Ltd) breached the contract by failing to pay the outstanding balance for the purchase of office and parking space, and the plaintiff (Cosmos Properties Ltd) is entitled to recover the unpaid balance with interest and general damages.

Citation: golden palm ltd vs cosmos properties ltd 2023 tzhc 17959 31 may 2023
Parties: Plaintiff/defendant in Counterclaim: Golden Palm Ltd; Defendant/plaintiff in Counterclaim: Cosmos Properties Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 May 2023
Procedural Posture: Civil / Judgment After Ex Parte Hearing of Counterclaim
Outcome: Judgment for the plaintiff in the counterclaim (Cosmos Properties Ltd)
Legal Topics: Breach of Contract, Damages, Sale of Property, Counterclaim, Ex Parte Proceedings
Source Language: English

Contract Law Civil Procedure Breach of Contract Damages Sale of Property Counterclaim Ex Parte Proceedings

Case Brief

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Parties

Golden Palm Ltd

Plaintiff/defendant in Counterclaim

Cosmos Properties Ltd

Defendant/plaintiff in Counterclaim

Procedural Posture

Civil / Judgment After Ex Parte Hearing of Counterclaim

Legal Issues

1 Whether there was a breach of contract and by whom
2 Whether the plaintiff in the counterclaim is entitled to damages and to what extent

Ratio Decidendi

Court Disposition

Judgment for the plaintiff in the counterclaim (Cosmos Properties Ltd)

Orders

Payment of USD 118,765.60 as outstanding balance with interest at 11% per annum from July 2013
Payment of USD 150,000.00 as general damages