19920626 TZHC Dar es Salaam

19920626 TZHC Dar es Salaam

The court found that the documents relied upon by the plaintiff to prove the commission and loan agreements were forgeries, as established by expert handwriting evidence. The plaintiff failed to prove he was entitled to a commission or loan repayment, and the evidence showed he was an employee of the defendant, not a business partner. All payments made by the plaintiff were from funds provided by the defendant. The plaintiff's claims were therefore dismissed.

Citation
19920626 TZHC Dar es Salaam
Parties
Plaintiff: A.C.D. Kyaruzi; Defendant: Coudounis I. Georges
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 June 1992
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's suit dismissed
Legal Topics
Forgery, Employment Relationship, Commission Agreement, Loan Agreement, Burden of Proof
Source Language
English
Contract Law Employment Law Evidence Law Forgery Employment Relationship Commission Agreement Loan Agreement Burden of Proof

Case Brief

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Parties

A.C.D. Kyaruzi

Plaintiff

Coudounis I. Georges

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to a 5% commission on the value of the defendant's fishing boat for its transportation.
  2. 2 Whether the plaintiff was entitled to repayment of a loan of shs.250,000/- allegedly given to the defendant.
  3. 3 Whether the plaintiff incurred additional costs in transporting the defendant's boat and is entitled to reimbursement.

Ratio Decidendi

The court found that the documents relied upon by the plaintiff to prove the commission and loan agreements were forgeries, as established by expert handwriting evidence. The plaintiff failed to prove he was entitled to a commission or loan repayment, and the evidence showed he was an employee of the defendant, not a business partner. All payments made by the plaintiff were from funds provided by the defendant. The plaintiff's claims were therefore dismissed.

Court Disposition

Plaintiff's suit dismissed

Orders

  • Plaintiff's claims for commission, loan repayment, and reimbursement of costs are dismissed.