20150904 TZHC Dar es Salaam

Ultimate Security Tanzania Limited is liable for compensation to Tanzania Railways Limited for losses due to theft at Moshi and Dar es Salaam, as the security company failed to perform its contractual duties or was negligent, with liability capped as per contract terms and subject to insurance indemnification.

Citation: 20150904 TZHC Dar es Salaam
Parties: Plaintiff: Ultimate Security Tanzania Limited; Defendant: Tanzania Railways Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 September 2015
Procedural Posture: Commercial Case / Final Judgment
Outcome: Plaintiff liable for compensation and indemnification; Defendant's counterclaim partially upheld.
Legal Topics: Security Services Agreement, Compensation for Loss, Indemnification, Negligence, Insurance Claims
Source Language: English

Contract Law Commercial Law Tort Law Security Services Agreement Compensation for Loss Indemnification Negligence Insurance Claims

Case Brief

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Parties

Ultimate Security Tanzania Limited

Plaintiff

Tanzania Railways Limited

Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

1 Whether materials were stolen at Moshi and Dar es Salaam Supplies Offices
2 What was the cost of the materials stolen
3 Who is responsible for the stolen materials

Ratio Decidendi

Court Disposition

Plaintiff liable for compensation and indemnification; Defendant's counterclaim partially upheld.

Orders

Plaintiff to process insurance indemnification for Defendant's losses of THz 23,326,000 and USD 277,186.
Plaintiff to pay compensation to Defendant, either THz 50,000,000 or 70% of total loss, whichever is less, offset against unpaid invoices.