fikirini issa kocho vs computer logix ltd others 2013 tzhc 2033 12 september 2013

fikirini issa kocho vs computer logix ltd others 2013 tzhc 2033 12 september 2013

General denials in the Defendants' Written Statement of Defence are deemed constructive admissions under Order VIII rules 3, 4, and 5 of the Civil Procedure Code, entitling the Plaintiff to judgment on admission for the sums claimed.

Citation
fikirini issa kocho vs computer logix ltd others 2013 tzhc 2033 12 september 2013
Parties
Plaintiff: Fikirini Issa Kocho; 1st Defendant: Computer Logix Ltd; 2nd Defendant: Computer Pole Ltd; 3rd Defendant: Stephen Mapunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 September 2013
Procedural Posture
Civil / Ruling on Application for Judgment on Admission
Outcome
Judgment entered in favour of Plaintiff against all Defendants; decree to issue as per prayers (i), (ii), and (iii) in the Plaint; Plaintiff awarded costs.
Legal Topics
Judgment on Admission, Constructive Admission, Loan Agreements, Specific Denial Requirements
Source Language
English
Civil Procedure Contract Law Evidence Judgment on Admission Constructive Admission Loan Agreements Specific Denial Requirements

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Parties

Fikirini Issa Kocho

Plaintiff

Computer Logix Ltd

1st Defendant

Computer Pole Ltd

2nd Defendant

Stephen Mapunda

3rd Defendant

Procedural Posture

Civil / Ruling on Application for Judgment on Admission

Legal Issues

  1. 1 Whether general denials in the Written Statement of Defence constitute constructive admissions under Order VIII rules 3, 4, and 5 of the Civil Procedure Code
  2. 2 Whether the Plaintiff is entitled to judgment on admission based on the pleadings

Ratio Decidendi

General denials in the Defendants' Written Statement of Defence are deemed constructive admissions under Order VIII rules 3, 4, and 5 of the Civil Procedure Code, entitling the Plaintiff to judgment on admission for the sums claimed.

Court Disposition

Judgment entered in favour of Plaintiff against all Defendants; decree to issue as per prayers (i), (ii), and (iii) in the Plaint; Plaintiff awarded costs.

Orders

  • Judgment on admission for Plaintiff for USD 117,622 and Tshs. 40,772,160 plus interest as prayed.
  • Decree to issue as per Plaint.