fabec investment ltd and another vs simba pipe industries ltd 2023 tzhc 17221 21 april 2023

The trial court erred by awarding interest on the decretal sum which was not admitted by the appellants, thereby breaching the principle of natural justice and denying the appellants the right to be heard.

Citation: fabec investment ltd and another vs simba pipe industries ltd 2023 tzhc 17221 21 april 2023
Parties: Appellant: Fabec Investment Ltd; Appellant: Joel A. Makyao; Respondent: Simba Pipe Industries Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 April 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed in part
Legal Topics: Judgment on Admission, Interest on Decretal Sum, Right to Be Heard, Natural Justice
Source Language: English

Civil Procedure Contract Law Judgment on Admission Interest on Decretal Sum Right to Be Heard Natural Justice

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Parties

Fabec Investment Ltd

Appellant

Joel A. Makyao

Appellant

Simba Pipe Industries Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the trial court erred by entering judgment on admission including facts not admitted by the appellants
2 Whether the trial court erred by entertaining the respondent’s prayer for judgment on admission without regard to Order VIIIB Rule 23 of the Civil Procedure Code
3 Whether the trial court erred in awarding interest without proof

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Order for payment of interest of 20% per annum accruing daily from outstanding amount as from end of May, 2021 set aside
Proceedings and orders made after the ruling resulting in judgment on admission quashed and set aside