20020208 TZHC Dar es Salaam

The plaintiff is not entitled to interest as the amount was unascertained and the delay was not solely attributable to the defendant; however, the plaintiff is entitled to costs.

Citation: 20020208 TZHC Dar es Salaam
Parties: Plaintiff: John Jacob Construction Ltd; Defendant: Aduco International BV
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 February 2002
Procedural Posture: Civil / Judgment After Partial Settlement and Trial on Remaining Issues
Outcome: interest claim dismissed, costs awarded to plaintiff
Legal Topics: Interest on Delayed Payments, Costs of Suit, Settlement Agreements
Source Language: English

Contract Law Civil Procedure Interest on Delayed Payments Costs of Suit Settlement Agreements

Case Brief

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Parties

John Jacob Construction Ltd

Plaintiff

Aduco International BV

Defendant

Procedural Posture

Civil / Judgment After Partial Settlement and Trial on Remaining Issues

Legal Issues

1 Whether the settlement entered on 1/3/2001 between the plaintiff and the defendant was final and conclusive including the claim on interest and costs
2 If not, what reliefs are the parties entitled to

Ratio Decidendi

The plaintiff is not entitled to interest as the amount was unascertained and the delay was not solely attributable to the defendant; however, the plaintiff is entitled to costs.

Court Disposition

interest claim dismissed, costs awarded to plaintiff

Orders

Plaintiff's claim for interest is dismissed
Plaintiff is awarded costs