gulf aggregates t ltd vs suma jkt construction co ltd another 2023 tzhccomd 396 15 december 2023

The court entered judgment based on the parties' executed deed of settlement, confirming the outstanding amount, payment schedule, and mutual agreement to bear their own costs.

Citation: gulf aggregates t ltd vs suma jkt construction co ltd another 2023 tzhccomd 396 15 december 2023
Parties: Plaintiff: Gulf Aggregates (T) Limited; 1st Defendant: Suma JKT Construction Company Limited; 2nd Defendant: The Attorney General
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 15 December 2023
Procedural Posture: Commercial Case / Consent Judgment
Outcome: Consent judgment entered as per deed of settlement.
Legal Topics: Breach of Contract, Settlement Agreement, Supply of Goods, Outstanding Payments
Source Language: English

Contract Law Commercial Law Breach of Contract Settlement Agreement Supply of Goods Outstanding Payments

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Parties

Gulf Aggregates (T) Limited

Plaintiff

Suma JKT Construction Company Limited

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Commercial Case / Consent Judgment

Legal Issues

1 Whether the 1st Defendant breached the supply agreement by failing to pay the Plaintiff for supplied materials
2 Whether the Plaintiff is entitled to the claimed outstanding payments and other reliefs

Ratio Decidendi

The court entered judgment based on the parties' executed deed of settlement, confirming the outstanding amount, payment schedule, and mutual agreement to bear their own costs.

Court Disposition

Consent judgment entered as per deed of settlement.

Orders

1st Defendant to pay Plaintiff TZS 473,754,526 as outstanding amount as of 22nd November 2023.
1st Defendant to pay as soon as paid by Tanzania Ports Authority through final account.