20040218 TZHC Dar es Salaam

20040218 TZHC Dar es Salaam

The Defendant defaulted on the clear terms of the security bond by failing to pay the assessed customs duties within seven days of the Commissioner's determination. The Third Party lawfully enforced the bond after the cause of action accrued. The Plaintiff, having paid as guarantor, is entitled to indemnity from the Defendant.

Citation
20040218 TZHC Dar es Salaam
Parties
Plaintiff: Imperial Insurance Co. Ltd; Defendant: Nikki Telecom & Power Technologies Limited; Third Party: Tanzania Revenue Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 2004
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the Plaintiff against the Defendant.
Legal Topics
Security Bond Enforcement, Indemnity, Customs Duties, Import Tariff Classification
Source Language
English
Contract Law Commercial Law Customs Law Security Bond Enforcement Indemnity Customs Duties Import Tariff Classification

Case Brief

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Parties

Imperial Insurance Co. Ltd

Plaintiff

Nikki Telecom & Power Technologies Limited

Defendant

Tanzania Revenue Authority

Third Party

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 What were the terms of the security bond?
  2. 2 Whether the Defendant defaulted on the terms of the security bond?
  3. 3 Whether the Third Party's acts of enforcing and encashing the security bond were lawful?

Ratio Decidendi

The Defendant defaulted on the clear terms of the security bond by failing to pay the assessed customs duties within seven days of the Commissioner's determination. The Third Party lawfully enforced the bond after the cause of action accrued. The Plaintiff, having paid as guarantor, is entitled to indemnity from the Defendant.

Court Disposition

Judgment for the Plaintiff against the Defendant.

Orders

  • Declaration that the Defendant breached the terms of the security bond and is liable to indemnify the Plaintiff.
  • Defendant to pay Tshs.50,739,970 to the Plaintiff.