20151120 TZHC Dar es Salaam3

20151120 TZHC Dar es Salaam3

Plaintiff failed to prove payment of advance money to the contractor and failed to comply with contractual and procedural requirements for indemnity under the bonds; therefore, the 2nd defendant is not liable to indemnify the plaintiff.

Citation
20151120 TZHC Dar es Salaam3
Parties
Plaintiff: Twiga Packers Limited; 1st Defendant: Applied Mechanical Engineering Co. Limited; 2nd Defendant: Insurance Group of Tanzania Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2015
Procedural Posture
Commercial Case / Final Judgment
Outcome
suit against 2nd defendant dismissed with costs
Legal Topics
Performance Bonds, Advance Payment Bonds, Indemnity, Default Judgment, Lease Agreements
Source Language
English
Contract Law Insurance Law Performance Bonds Advance Payment Bonds Indemnity Default Judgment Lease Agreements

Case Brief

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Parties

Twiga Packers Limited

Plaintiff

Applied Mechanical Engineering Co. Limited

1st Defendant

Insurance Group of Tanzania Limited

2nd Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

  1. 1 Whether the 2nd defendant is bound to indemnify the plaintiff for default of the 1st defendant
  2. 2 To what reliefs are the parties entitled

Ratio Decidendi

Plaintiff failed to prove payment of advance money to the contractor and failed to comply with contractual and procedural requirements for indemnity under the bonds; therefore, the 2nd defendant is not liable to indemnify the plaintiff.

Court Disposition

suit against 2nd defendant dismissed with costs

Orders

  • suit against 2nd defendant dismissed with costs