car general trading limited vs elgon traders limited 2022 tzhccomd 204 12 august 2022

Plaintiff's claims are established by documentary evidence and uncontroverted affidavit; default judgment granted except for general damages due to insufficient proof.

Citation: car general trading limited vs elgon traders limited 2022 tzhccomd 204 12 august 2022
Parties: Plaintiff: Car & General Trading Limited; Defendant: Elgon Traders Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 12 August 2022
Procedural Posture: Commercial Case / Default Judgment
Outcome: default judgment for plaintiff
Legal Topics: Contract Enforcement, Default Judgment, Debt Recovery
Source Language: English

Commercial Law Contract Enforcement Default Judgment Debt Recovery

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Parties

Car & General Trading Limited

Plaintiff

Elgon Traders Limited

Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

1 Whether the defendant is liable to pay the principal sum and accrued interest for supplied motorcycles
2 Whether the plaintiff is entitled to general damages

Ratio Decidendi

Plaintiff's claims are established by documentary evidence and uncontroverted affidavit; default judgment granted except for general damages due to insufficient proof.

Court Disposition

default judgment for plaintiff

Orders

Defendant to pay TZS 370,738,833.33 as principal sum.
Defendant to pay interest on principal sum at commercial rate from date issue arose to date of judgment.