20190208 TZHC Dar es Salaam1

20190208 TZHC Dar es Salaam1

Defendants breached the contract by failing to pay the agreed sum and unlawfully retained the excavator after contract expiry, entitling plaintiffs to payment of outstanding balance, general damages, return of excavator, and costs.

Source-derived case information.

Citation
20190208 TZHC Dar es Salaam1
Parties
Plaintiff: Japhet Malima Egi; Plaintiff: Magana Construction Co. Ltd; Defendant: Campana Adalberto Marco; Defendant: GE.CO. Power Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2019
Procedural Posture
Civil / Judgment (ex Parte)
Outcome
judgment for plaintiffs (ex parte)
Legal Topics
Breach of Contract, Unlawful Retention of Property, Damages, Interest, Injunctive Relief
Source Language
english
Contract Property Breach of Contract Unlawful Retention of Property Damages Interest Injunctive Relief

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Parties

Japhet Malima Egi

Plaintiff

Magana Construction Co. Ltd

Plaintiff

Campana Adalberto Marco

Defendant

GE.CO. Power Ltd

Defendant

Procedural Posture

Civil / Judgment (ex Parte)

Legal Issues

  1. 1 Whether the defendants breached the contract by failing to pay the agreed sum for hire of excavator
  2. 2 Whether the continued retention of the excavator by the defendants was unlawful
  3. 3 Whether the plaintiffs are entitled to damages, interest, and return of the excavator

Ratio Decidendi

Defendants breached the contract by failing to pay the agreed sum and unlawfully retained the excavator after contract expiry, entitling plaintiffs to payment of outstanding balance, general damages, return of excavator, and costs.

Court Disposition

judgment for plaintiffs (ex parte)

Orders

  • Defendants to pay Tsh 1,284,900,000 to plaintiffs
  • Defendants to return excavator registration No. T594 BNR to plaintiffs