FARM EQUIPMENT T CO

IN THE HIGH COURT OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 11 OF 2017 FARM EQUIP (TANZANIA) COMPANY LIMITED................. PLAINTIFF VERSUS KDAJI RASHID IKAJIT/A KIJAJI GENERALSUPPLIES........................................................ ..DEFENDANT JUDGMENT MWANDAMBO J, This is a suit for a claim of Tshs.76, 477,781/= specific damages for breach of dealership agreement, general damages, interest and costs. The Defendant denied liability in his defence filed on 19th June, 2017. After clearance the preliminary stages, the suit went through mediation which did not succeed and subsequently both parties filed their respective witness statements. Thereafter the suit was- fixed for final pre trial conference on several occasions between 27th June, to 24th September, 2018 but the Defendant defaulted, appearance despite being . duly served through his Advocate on record one Ayoub Sanga. By reason of the Defendant's non appearance, on 24th September, 2018, Mr. Edwin Webiro, learned Advocate for the Plaintiff prayed for an order striking out the Defendant's written statement of defence followed by judgment In pursuance of rule 31 (1) (b) .and (c) of the High Court (Commercial Division) Procedure Rules, 2012 (the Rules). The said Rule empowers the ' Court to dismiss the suit or proceedings, strike out the defence or counter-claim, enter judgment or make such other order as it deems fit if any of the parties default appearance on the date fixed for a pretrial conference. The pre-trial conference reference referred to under the rule is 1 otherwise what is known as final pre-trial conference conducted after failure of mediation under rule 29 (1) of the Rules. As the Defendant has defaulted appearance on the date appointed for a pre-trial conference, the Court has no option but to accede to the learned Advocates' prayer in the light of rule 31 (b) and (c) of the Rules that is to say; strike out the defence and an order for judgment. Accordingly, the Defendant's defence filed on 19th June 2017 is hereby struck out. Having struck out the defence, the Court hereby enters judgment against the Defendant as prayed except general damages which was abandoned by the learned Advocate. In fine, judgment is hereby entered for the Plaintiff as follows: (i) declaration that the Defendant breached a contract for the sale of Agricultural machinery, (ii) Payment of outstanding sum of Tshs.76, 477,781/= (say Tanzania Shillings Seventy Six Million Four Hundred Seventy Seven Thousand Seven Hundred Eight one). (iii) Interest on the principal amount in (ii) above at the rate of 30% per annum from the date of institution of the suit to the date of judgment. (iv) Interest on the decretal amount at the Court's rate of 7% per annum from the date of judgment till payment in full. (v) Costs of the suit. Order accordingly. 2