CIVIL CASE NO

CIVIL CASE NO

Defendant failed to obtain leave to defend or appear; thus, under Order XXXV Rule 2(2), the allegations in the plaint are deemed admitted and judgment is entered for the plaintiffs for the claimed sum with interest.

Citation
CIVIL CASE NO
Parties
Plaintiff: Tarime District Council; Plaintiff: The Attorney General; Defendant: Kaserkandis Construction Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Summary Procedure / Summary Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Summary Judgment, Service Levy, Statutory Revenue Collection, Default Judgment
Source Language
English
Civil Procedure Tax Law Summary Judgment Service Levy Statutory Revenue Collection Default Judgment

Case Brief

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Parties

Tarime District Council

Plaintiff

The Attorney General

Plaintiff

Kaserkandis Construction Ltd

Defendant

Procedural Posture

Civil Summary Procedure / Summary Judgment

Legal Issues

  1. 1 Whether the defendant is liable to pay the claimed service levy and exemplary damages to the plaintiffs under summary procedure
  2. 2 Whether the defendant obtained leave to defend the suit

Ratio Decidendi

Defendant failed to obtain leave to defend or appear; thus, under Order XXXV Rule 2(2), the allegations in the plaint are deemed admitted and judgment is entered for the plaintiffs for the claimed sum with interest.

Court Disposition

judgment for the plaintiffs

Orders

  • Defendant to pay TZS 309,037,031.57 to the plaintiffs
  • Interest at 15% per annum on the decretal sum from judgment date until final payment