20181019 TZHC Dar es Salaam

20181019 TZHC Dar es Salaam

The plaintiff is entitled to payment for completed works as evidenced by certificates of completion and the advice of the Regional Engineer; the withholding of sums by the defendants was unjustified except for the retention amount related to the concierge issue.

Citation
20181019 TZHC Dar es Salaam
Parties
Plaintiff: Business Development and General Services Co. Ltd (BUDEGE); 1st Defendant: Permanent Secretary Ministry of Land and Human Settlement Development; 2nd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2018
Procedural Posture
Civil Case / Ex Parte Judgment
Outcome
Suit granted in part
Legal Topics
Breach of Contract, Retention Money, Damages, Interest on Decretal Sum
Source Language
English
Contract Law Civil Procedure Breach of Contract Retention Money Damages Interest on Decretal Sum

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Parties

Business Development and General Services Co. Ltd (BUDEGE)

Plaintiff

Permanent Secretary Ministry of Land and Human Settlement Development

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Civil Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to payment for completed construction and rehabilitation works
  2. 2 Whether the withholding of payment by the defendants was justified
  3. 3 Whether the plaintiff is entitled to damages and interest

Ratio Decidendi

The plaintiff is entitled to payment for completed works as evidenced by certificates of completion and the advice of the Regional Engineer; the withholding of sums by the defendants was unjustified except for the retention amount related to the concierge issue.

Court Disposition

Suit granted in part

Orders

  • Plaintiff awarded Tsh 2,221,024 for completed works
  • Plaintiff awarded Tsh 10,000,000 as damages