sao hill industries ltd vs nipo group ltd 2021 tzhccomd 3255 18 june 2021
The Plaintiff proved supply of goods, payment of CESS, and outstanding debt. The Defendant was properly served but failed to defend. The Plaintiff is entitled to the outstanding amount, interest, and general damages for breach of contract.
- Citation
- sao hill industries ltd vs nipo group ltd 2021 tzhccomd 3255 18 june 2021
- Parties
- Plaintiff: SAO Hill Industries Ltd; Defendant: Nipo Group Ltd
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 18 June 2021
- Procedural Posture
- Commercial Case / Default Judgment
- Outcome
- Judgment for the Plaintiff by default.
- Legal Topics
- Breach of Contract, Damages, Interest on Judgment, Default Judgment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
SAO Hill Industries Ltd
Plaintiff
Nipo Group Ltd
Defendant
Procedural Posture
Commercial Case / Default Judgment
Legal Issues
- 1 Whether the Defendant breached the purchase agreement for supply of treated wooden poles
- 2 Whether the Plaintiff is entitled to payment of the outstanding amount, interest, and general damages
Ratio Decidendi
The Plaintiff proved supply of goods, payment of CESS, and outstanding debt. The Defendant was properly served but failed to defend. The Plaintiff is entitled to the outstanding amount, interest, and general damages for breach of contract.
Court Disposition
Judgment for the Plaintiff by default.
Orders
- Declaration that the Defendant breached the purchase agreement.
- Defendant to pay TZS 940,554,800/- to the Plaintiff as outstanding amount for poles supplied and CESS refund.
Full Case Text
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