plasco ltd vs leal construction company limited 2022 tzhccomd 193 1 august 2022

plasco ltd vs leal construction company limited 2022 tzhccomd 193 1 august 2022

The defendant was properly served but failed to file a defence. The plaintiff's affidavit and supporting documents proved the outstanding debt. The conditions for default judgment were met, entitling the plaintiff to the claimed sum, interest, and costs.

Citation
plasco ltd vs leal construction company limited 2022 tzhccomd 193 1 august 2022
Parties
Plaintiff: Plasco Ltd; Defendant: Leal Construction Company Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 August 2022
Procedural Posture
Commercial Case / Default Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Credit Agreement, Outstanding Payment, Default Judgment
Source Language
English

Case Brief

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Parties

Plasco Ltd

Plaintiff

Leal Construction Company Ltd

Defendant

Procedural Posture

Commercial Case / Default Judgment

  1. 1 Whether the defendant failed to pay the outstanding amount under the credit agreement for goods supplied
  2. 2 Whether the plaintiff is entitled to the claimed sum, interest, and costs

Ratio Decidendi

The defendant was properly served but failed to file a defence. The plaintiff's affidavit and supporting documents proved the outstanding debt. The conditions for default judgment were met, entitling the plaintiff to the claimed sum, interest, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that the defendant is in breach of the credit agreements
  • Defendant to pay TZS 80,673,975.36 to the plaintiff