20150828 TZHC Dar es Salaam

20150828 TZHC Dar es Salaam

Both parties breached the contract: the defendant failed to serve the mandatory written notice prior to termination and did not conduct proper stock taking, while the plaintiff failed to meet the minimum monthly purchase requirements. Plaintiff's claims for special and general damages were not strictly proved and are dismissed, except for the value of stock left behind, which is awarded. Defendant's counter-claims are dismissed for lack of proof.

Citation
20150828 TZHC Dar es Salaam
Parties
Plaintiff: Murashani Investments Co. Ltd; Defendant: Engen Petroleum (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2015
Procedural Posture
Civil / Judgment After Trial
Outcome
Partly in favour of Plaintiff; majority of claims and counter-claims dismissed
Legal Topics
Breach of Contract, Termination of Contract, Damages, Counter Claim, Notice Requirements
Source Language
English
Contract Law Commercial Law Breach of Contract Termination of Contract Damages Counter Claim Notice Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Murashani Investments Co. Ltd

Plaintiff

Engen Petroleum (T) Ltd

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Who breached the contract
  2. 2 Whether mandatory written notice of cessation was served as per the Marketing Licence Agreement
  3. 3 Responsibility for providing security after termination

Ratio Decidendi

Both parties breached the contract: the defendant failed to serve the mandatory written notice prior to termination and did not conduct proper stock taking, while the plaintiff failed to meet the minimum monthly purchase requirements. Plaintiff's claims for special and general damages were not strictly proved and are dismissed, except for the value of stock left behind, which is awarded. Defendant's counter-claims are dismissed for lack of proof.

Court Disposition

Partly in favour of Plaintiff; majority of claims and counter-claims dismissed

Orders

  • Defendant to pay Plaintiff Tshs. 14,000,000 with interest for petroleum products stock left at the premises
  • All other claims by Plaintiff and Defendant dismissed