CIVIL CASE NO

Summary judgment is entered for the plaintiffs because the defendant failed to obtain leave to defend as required by Order XXXV Rule 2(2) of the Civil Procedure Code, and the allegations in the plaint are deemed admitted.

Citation: CIVIL CASE NO
Parties: Plaintiff: Tarime District Council; Plaintiff: The Attorney General; Defendant: Kiribo 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
Source Language: English

Civil Procedure Tax Law Summary Judgment Service Levy Statutory Revenue Collection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Sign in to unlock

Parties

Tarime District Council

Plaintiff

The Attorney General

Plaintiff

Kiribo Ltd

Defendant

Procedural Posture

Civil Summary Procedure / Summary Judgment

Legal Issues

1 Whether the defendant is liable to pay the outstanding service levy and exemplary damages as claimed by the plaintiffs
2 Whether summary judgment should be entered due to defendant's failure to obtain leave to defend

Ratio Decidendi

Summary judgment is entered for the plaintiffs because the defendant failed to obtain leave to defend as required by Order XXXV Rule 2(2) of the Civil Procedure Code, and the allegations in the plaint are deemed admitted.

Court Disposition

judgment for the plaintiffs

Orders

Defendant to pay TZS 174,582,771.32 to the plaintiffs
Interest at 15% per annum on the decretal sum from judgment date until final payment