t breweries ltd vs abel kiswivi sanga ta 2 other 2005 tzhccomd 18 24 may 2005

t breweries ltd vs abel kiswivi sanga ta 2 other 2005 tzhccomd 18 24 may 2005

Plaintiff is entitled to pre-judgment interest due to prolonged withholding of funds by defendants, but the claimed rate of 25% is unsubstantiated and excessive. Court exercises discretion to award 20% per annum from 1st November 1999 to judgment, and 7% per annum thereafter until full satisfaction, plus costs.

Citation
t breweries ltd vs abel kiswivi sanga ta 2 other 2005 tzhccomd 18 24 may 2005
Parties
Plaintiff: Tanzania Breweries Limited; 1st Defendant: Abel Kiswivi Sanga; 2nd Defendant: Abel Kiswivi Sanga t/a Hakika Enterprises; 3rd Defendant: Unyangala Enterprises Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 May 2005
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the plaintiff on interest and costs.
Legal Topics
Interest on Judgment Debt, Damages, Merchantile Practice, Discretionary Interest, Costs
Source Language
English
Commercial Law Civil Procedure Interest on Judgment Debt Damages Merchantile Practice Discretionary Interest Costs

Case Brief

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Parties

Tanzania Breweries Limited

Plaintiff

Abel Kiswivi Sanga

1st Defendant

Abel Kiswivi Sanga t/a Hakika Enterprises

2nd Defendant

Unyangala Enterprises Limited

3rd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to pre-judgment interest and at what rate
  2. 2 Whether interest can be awarded as damages
  3. 3 Appropriate rate of interest to be applied

Ratio Decidendi

Plaintiff is entitled to pre-judgment interest due to prolonged withholding of funds by defendants, but the claimed rate of 25% is unsubstantiated and excessive. Court exercises discretion to award 20% per annum from 1st November 1999 to judgment, and 7% per annum thereafter until full satisfaction, plus costs.

Court Disposition

Judgment for the plaintiff on interest and costs.

Orders

  • Plaintiff granted interest at 20% per annum from 1st November 1999 to date of judgment.
  • Interest at 7% per annum from date of judgment until full satisfaction.