attorney general vs ms dengard system t ltd 2010 tzhc 182 24 september 2010

attorney general vs ms dengard system t ltd 2010 tzhc 182 24 september 2010

The Defendant received 90% of the contract sum but failed to perform or hand over the project, constituting a breach of contract. The Plaintiff is entitled to recover the sums paid and interest, but not general damages due to lack of specific proof.

Citation
attorney general vs ms dengard system t ltd 2010 tzhc 182 24 september 2010
Parties
Plaintiff: The Attorney General; Defendant: M/S Dengard System (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 September 2010
Procedural Posture
Commercial Case / Ex Parte Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Breach of Contract, Government Contracts, Damages, Interest on Judgment Debt
Source Language
English
Contract Law Commercial Law Breach of Contract Government Contracts Damages Interest on Judgment Debt

Case Brief

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Parties

The Attorney General

Plaintiff

M/S Dengard System (T) Ltd

Defendant

Procedural Posture

Commercial Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether there was a contract between the Plaintiff and Defendant and its terms
  2. 2 Whether the Defendant breached the contract
  3. 3 Whether the Plaintiff suffered general damages

Ratio Decidendi

The Defendant received 90% of the contract sum but failed to perform or hand over the project, constituting a breach of contract. The Plaintiff is entitled to recover the sums paid and interest, but not general damages due to lack of specific proof.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff USD 202,680
  • Defendant to pay interest on USD 202,680 at 30% per annum from date of filing to judgment