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Existence of a lease agreement was proved by Plaintiff's evidence and unchallenged by Defendants; Defendants breached the agreement by non-payment and issuing dishonored cheques; Plaintiff is entitled to the claimed sum and interest as contemplated by the parties in a commercial contract.

Citation
N
Parties
Plaintiff: San Ent Paving Blocks Ltd; 1st Defendant: Siha Enterprises Limited; 2nd Defendant: Edmond J. Kileo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 September 2014
Procedural Posture
Civil / Ex Parte Judgment After Failure of Defendants to Appear
Outcome
Plaintiff's claim granted
Legal Topics
Lease Agreement, Breach of Contract, Dishonored Cheque, Damages, Interest on Judgment Debt
Source Language
English
Contract Law Commercial Law Lease Agreement Breach of Contract Dishonored Cheque Damages Interest on Judgment Debt

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Parties

San Ent Paving Blocks Ltd

Plaintiff

Siha Enterprises Limited

1st Defendant

Edmond J. Kileo

2nd Defendant

Procedural Posture

Civil / Ex Parte Judgment After Failure of Defendants to Appear

Legal Issues

  1. 1 Existence of a lease/hire agreement between Plaintiff and Defendants for machineries
  2. 2 Whether there was a breach of that agreement
  3. 3 Whether the Defendant acted negligently by knowingly issuing dishonored cheque

Ratio Decidendi

Existence of a lease agreement was proved by Plaintiff's evidence and unchallenged by Defendants; Defendants breached the agreement by non-payment and issuing dishonored cheques; Plaintiff is entitled to the claimed sum and interest as contemplated by the parties in a commercial contract.

Court Disposition

Plaintiff's claim granted

Orders

  • Defendants to pay Plaintiff Tshs. 287,000,000/=
  • Defendants to pay Plaintiff interest at 25% per annum on Tshs. 287,000,000/= from date due to date of judgment