Caspian Construction L.T.D vs Mwananchi Engineering Contracting Corporation (Civil Case 194 of 1996) [2000] TZHC 15 (23 June 2000)

IN THE HIGH COURT OF TANZANIA AT DAI? ES SAL/IAM CIVIL CASE NO. 194 OF 1996 CASPIAN CONSTRUCTION LTD . . . . . . . . PLAINTIFF versus KUANANCHI ENGINEERING & CONTRACTING CORPORATION . . „ ........ DEFENDANT JJJ.D G M E N T Bubeshi, J„ The Plaintiff filed a claim against the defendant for:

• shs. 20 , 3 3 5 , 232/60 being the principal amount
• shs. 6 7 t401, 696/50 being interest at 10 % per month from 9/k/Sk
• Interest of the decretal amount from date of judgment to payment in full, and

• “ costs* The claim arose out of hire charges of a CAT D - 7 Bulldozer which was hired by the defendant at the rate of Tshs« 30 , 000 /= per hour. The hire agreement entered into between plaintiff and defendant was admitted in court as Exh. Pi. It is to be observed that on the hearing date of this suit the defendant defaulted appearance, and there-fore this court allowed the plaintiff to prove his claim exparte, Mr. Mjindo learned counsel representing the plaintiff led his witness /dimed Omari Farahani who appeared as PW1. The witness PW1 in his affirmed evidence stated that he was employed with the plaintiff and since 1 / 8 / 9 ^ he acted as the plaintiff's accountant. His duties included debt collection and that the of accounts was done but there was no agreement was reached, PW1 disputed some of the payments allegedly made by the defendant. DV 1 insisted that the defendants debt stood at Tshs,20.3 Million - Exh. P * t . PW1 added that the defendants continued to pay in kind even after the filing of this claim, but he was not sure of how much was paid in this method. /2

2 This court then directed the witness to supply the court with the statement of account in view of the continued supply of materials. The witness obliged and supplied information to the defendant was one of their debtors. He wcplained that an agreement was entered into between plaintiff and defendant whereby the defendant agreed to hire the D - 8 Bull dozer for Tshs.35j000/>a per hour. He also stated that the defendant had to pay Tshs. Two Million as advance payment, and 10% interest per month on the amount that remained unpaid. He tendered the agreement as Exh. Pi. is the defendants letter of confirmation. He testified that the defendant then opted to pay by way of materials instead of cash payment. Thus the debt was reduced to Tshs.12 Million and a reconciliation count showing that the balance due of the principal sum is now Tshs.5 0 , 0 0 0 / = only* In the premises, judgment is entered for the plaintiff against the defendant as follows: (i) Tshs.5,^*20,000/- as the principal cum (ii) Interest at 22% on " b i i o above from date of filing to date of judgment (iii) Interest at courts rate 7% from date of judgment to payment in full and (v) Costs. Claim on interest on the balances of Tshs . 67 Million being specific damage fails as the plaintiff did not testify on how this figure was arrived at. He also stated that the defendant continued to pay in small amounts and that by 22/6/95 the defendant's debt was Tshs.21.8 Million. Exh. P2 A.G. Bubeshi JUDGE 23 / 8/2000 Delivered in absence of the plaintiff. A.G. Bubeshi JUDGE 23 / 8/2000