hashi energy t ltd vs richol company ltd others 2016 tzhc 2327 14 june 2016

hashi energy t ltd vs richol company ltd others 2016 tzhc 2327 14 june 2016

Failure to defend the counterclaim entitles the counterclaimant to default judgment for the reliefs sought, including return of goods, compensation, interest, damages, and costs.

Citation
hashi energy t ltd vs richol company ltd others 2016 tzhc 2327 14 june 2016
Parties
Plaintiff: Hashi Energy (T) Ltd; Defendant: Richol Company Ltd; Defendant: Singida Copec Petrol Station; Defendant: KCB Bank (T) Ltd; Defendant/counterclaimant: Khamis Maganga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 2016
Procedural Posture
Commercial Case / Default Judgment
Outcome
Default judgment entered for counterclaimant.
Legal Topics
Default Judgment, Counterclaim, Petroleum Product Sales, Interest on Debt
Source Language
English
Commercial Law Default Judgment Counterclaim Petroleum Product Sales Interest on Debt

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Parties

Hashi Energy (T) Ltd

Plaintiff

Richol Company Ltd

Defendant

Singida Copec Petrol Station

Defendant

KCB Bank (T) Ltd

Defendant

Khamis Maganga

Defendant/counterclaimant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

  1. 1 Entitlement to default judgment on counterclaim
  2. 2 Liability for petroleum products and associated losses
  3. 3 Interest rates applicable to commercial debts

Ratio Decidendi

Failure to defend the counterclaim entitles the counterclaimant to default judgment for the reliefs sought, including return of goods, compensation, interest, damages, and costs.

Court Disposition

Default judgment entered for counterclaimant.

Orders

  • Hashi Energy (T) Ltd to return 113,000 litres of petroleum products to Khamis Maganga or pay Tshs. 228,050,000.
  • Hashi Energy (T) Ltd to pay Khamis Maganga Tshs. 109,440,000 for loss due to non-use of vehicles.