the attorney general vs ms dengard system t ltd 2010 tzhccomd 31 24 september 2010

the attorney general vs ms dengard system t ltd 2010 tzhccomd 31 24 september 2010

The Defendant received 90% of the contract sum but failed to perform its contractual obligations or hand over the project, despite several reminders. The Plaintiff is entitled to recover the sums paid, interest, and costs. No general damages were awarded due to lack of concrete evidence.

Citation
the attorney general vs ms dengard system t ltd 2010 tzhccomd 31 24 september 2010
Parties
Plaintiff: The Attorney General; Defendant: M/S Dengard System (T) Ltd
Court
TZHCCOMD
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 the Defendant and its terms
  2. 2 Whether the Defendant breached the terms of the contract
  3. 3 Whether the Plaintiff suffered general damages

Ratio Decidendi

The Defendant received 90% of the contract sum but failed to perform its contractual obligations or hand over the project, despite several reminders. The Plaintiff is entitled to recover the sums paid, interest, and costs. No general damages were awarded due to lack of concrete evidence.

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