john jacob construction ltd vs aduco international 2002 tzhc 2031 8 february 2002

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

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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

  1. 1 Whether the settlement entered on 1/3/2001 was final and conclusive including the claim on interest and costs
  2. 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.