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The High Court dismissed ENCOD’s claim over a repossessed vehicle and allowed Stanbic Bank’s counterclaim for the outstanding VAF debt, holding the borrower defaulted under the contract.
Default judgment in a commercial supply dispute: the court found the defendant breached payment terms for supplied furniture, awarded the debt, interest, general damages, and costs, but rejected specific damages.
The primary court had jurisdiction to hear the case as it was a civil debt claim within the statutory limit. The appellant was indebted to the respondent for Tshs. 8,125,000/=, but the claim for interest was unsupported by credible evidence and was therefore disallowed.
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The defendant breached the settlement agreement dated 23rd January 2023 by failing to pay the agreed outstanding rental charges and interests, as evidenced by the dishonoured cheques and lack of contrary evidence. The plaintiff is entitled to the outstanding sum, penal interest, general damages, and costs, but not to unproven special damages or anticipatory income.
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The court found the Deed of Settlement validly executed and adopted it as the basis for consent judgment, marking the matter as amicably settled and issuing orders as per the settlement terms.
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The High Court entered judgment on admission for the plaintiff after finding the defence failed to specifically deny material allegations in a commercial debt claim.
The High Court held that the parties’ contract continued by conduct after expiry, found breach for failure to remit collected subscription fees, and awarded the plaintiff.
The High Court Commercial Division entered default judgment for unpaid tyre sales, interest, damages, and costs after the defendant failed to file a defence.
Commercial lease dispute over equipment rentals. The High Court held the plaintiff supplied the machines, awarded USD 104,477.85 in arrears, and denied claimed interest and default interest.
The plaintiff proved service, filed the required application and affidavit, and documentary evidence established the outstanding debt as TZS 77,101,973.15. The defendant failed to file a defence. Judgment is entered for the plaintiff for the proven amount and interest as per the agreement.
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