john jacob construction ltd vs aduco international bv 2002 tzhc 2011 8 february 2002

Interest is not awarded as the amount due was unascertained until settlement and the delay was not solely attributable to the defendant; costs are awarded to the plaintiff.

Citation: john jacob construction ltd vs aduco international bv 2002 tzhc 2011 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 Interest and Costs
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

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Parties

John Jacob Construction Ltd

Plaintiff

Aduco International

Defendant

Procedural Posture

Civil Case / Judgment After Partial Settlement and Trial on Interest and Costs

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

Interest is not awarded as the amount due was unascertained until settlement and the delay was not solely attributable to the defendant; costs are awarded to the plaintiff.

Court Disposition

Interest claim dismissed; costs awarded to plaintiff.

Orders

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