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
Summary, issues, holding and outcome
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Parties
Plasco Ltd
Plaintiff
Leal Construction Company Ltd
Defendant
Procedural Posture
Commercial Case / Default Judgment
Legal Issues
- 1 Whether the defendant failed to pay the outstanding amount under the credit agreement for goods supplied
- 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
Full Case Text
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