john jacob construction ltd vs aduco international 2002 tzhc 2031 8 february 2002
Plaintiff is not entitled to interest as the amount due was unascertained until settlement and the delay was attributable to external factors; however, plaintiff is entitled to costs.
- Citation
- john jacob construction ltd vs aduco international 2002 tzhc 2031 8 february 2002
- Parties
- Plaintiff: John Jacob Construction Ltd; Defendant: Aduco International
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 February 2002
- Procedural Posture
- Civil Case / 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
Case Brief
Summary, issues, holding and outcome
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Parties
John Jacob Construction Ltd
Plaintiff
Aduco International
Defendant
Procedural Posture
Civil Case / Judgment After Partial Settlement and Trial on Remaining Issues
Legal Issues
- 1 Whether the settlement entered on 1/3/2001 was final and conclusive including the claim on interest and costs
- 2 If not, what reliefs are the parties entitled to
Ratio Decidendi
Plaintiff is not entitled to interest as the amount due was unascertained until settlement and the delay was attributable to external factors; however, 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.
Full Case Text
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