20210223 TZHC Dar es Salaam

20210223 TZHC Dar es Salaam

There was a valid distributorship contract between the Plaintiff and 1st Defendant, which was terminated prematurely without notice, resulting in proven losses to the Plaintiff. The 2nd Defendant was not a party to the contract and could not lawfully terminate it. Plaintiff is entitled to specific and general damages, interest, and costs.

Citation
20210223 TZHC Dar es Salaam
Parties
Plaintiff: Access Brand Limited; 1st Defendant: Kiboko Paints Limited; 2nd Defendant: M.M Industries Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2021
Procedural Posture
Civil Case / Ex Parte Judgment
Outcome
Suit allowed. Judgment for the Plaintiff.
Legal Topics
Breach of Contract, Damages, Agency and Distributorship, Corporate Personality
Source Language
English
Contract Law Commercial Law Breach of Contract Damages Agency and Distributorship Corporate Personality

Case Brief

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Parties

Access Brand Limited

Plaintiff

Kiboko Paints Limited

1st Defendant

M.M Industries Ltd

2nd Defendant

Procedural Posture

Civil Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether there was a contract between the parties
  2. 2 Whether the Defendants breached the contract
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

There was a valid distributorship contract between the Plaintiff and 1st Defendant, which was terminated prematurely without notice, resulting in proven losses to the Plaintiff. The 2nd Defendant was not a party to the contract and could not lawfully terminate it. Plaintiff is entitled to specific and general damages, interest, and costs.

Court Disposition

Suit allowed. Judgment for the Plaintiff.

Orders

  • Payment of TShs. 2,880,000,000 as principal and interest of the contract
  • General damages of TShs. 50,000,000 to the Plaintiff