tanzania bureau of standards and another vs messrs serengeti global service ltd 2020 tzhccomd 15 20 march 2020

tanzania bureau of standards and another vs messrs serengeti global service ltd 2020 tzhccomd 15 20 march 2020

The plaintiffs proved service, filed the required application and affidavit, and substantiated their claim with evidence. The defendant failed to file a defence or seek extension. The court found the plaintiffs entitled to judgment for the claimed sum, interest, and costs, except for the order for execution under the Reciprocal Enforcement of Foreign Judgements Act, which was denied as premature.

Citation
tanzania bureau of standards and another vs messrs serengeti global service ltd 2020 tzhccomd 15 20 march 2020
Parties
1st Plaintiff: Tanzania Bureau of Standards; 2nd Plaintiff: The Hon. Attorney General; Defendant: Messrs Serengeti Global Services Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 March 2020
Procedural Posture
Commercial Case / Default Judgment
Outcome
Judgment for the plaintiffs (default judgment)
Legal Topics
Breach of Contract, Default Judgment, Enforcement of Judgments
Source Language
English
Contract Law Commercial Law Breach of Contract Default Judgment Enforcement of Judgments

Case Brief

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Parties

Tanzania Bureau of Standards

1st Plaintiff

The Hon. Attorney General

2nd Plaintiff

Messrs Serengeti Global Services Limited

Defendant

Procedural Posture

Commercial Case / Default Judgment

Legal Issues

  1. 1 Whether the defendant breached the contract by failing to remit agreed administration fees and penalties
  2. 2 Whether the plaintiffs are entitled to the claimed sums, interest, and costs under the contract and law

Ratio Decidendi

The plaintiffs proved service, filed the required application and affidavit, and substantiated their claim with evidence. The defendant failed to file a defence or seek extension. The court found the plaintiffs entitled to judgment for the claimed sum, interest, and costs, except for the order for execution under the Reciprocal Enforcement of Foreign Judgements Act, which was denied as premature.

Court Disposition

Judgment for the plaintiffs (default judgment)

Orders

  • Defendant to pay USD 141,747.96 with interest for loss suffered by the 1st plaintiff.
  • Defendant to pay commercial interest at 7% per annum from date of breach to date of full payment.