bunda town council another vs china civil engineering construction corporation ccecc 2024 tzhc 639 4 march 2024

The defendant failed to obtain leave to defend the summary suit; therefore, the allegations in the plaint are deemed admitted, entitling the plaintiffs to judgment for the claimed sum, interest, and costs.

Citation: bunda town council another vs china civil engineering construction corporation ccecc 2024 tzhc 639 4 march 2024
Parties: Plaintiff: Bunda Town Council; Plaintiff: Attorney General; Defendant: China Civil Engineering Construction Corporation (CCECC)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 March 2024
Procedural Posture: Civil Summary Suit / Judgment
Outcome: judgment for the plaintiffs
Legal Topics: Summary Judgment, Levy Recovery, Building Materials Levy, Default Judgment
Source Language: English

Civil Procedure Local Government Law Summary Judgment Levy Recovery Building Materials Levy Default Judgment

Case Brief

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Parties

Bunda Town Council

Plaintiff

Attorney General

Plaintiff

China Civil Engineering Construction Corporation (CCECC)

Defendant

Procedural Posture

Civil Summary Suit / Judgment

Legal Issues

1 Whether the defendant is liable to pay the outstanding building materials levy as claimed by the plaintiffs
2 Whether the defendant is entitled to defend the suit without leave of the court in a summary suit

Ratio Decidendi

Court Disposition

judgment for the plaintiffs

Orders

Defendant to pay Tsh. 864,000,000 to the plaintiffs
Decretal sum to accrue interest at 12% per annum from the date of judgment until full payment