20070529 TZHC Mwanza

20070529 TZHC Mwanza

The court held that Simon Wilson acted as an employee and cashier of the appellant company, and all his actions regarding the purchase of cotton were on behalf of the company. Therefore, the appellant company is liable to pay the respondents for the cotton sold.

Citation
20070529 TZHC Mwanza
Parties
Appellant: Birchand Oil Mill Ltd; Respondent: Mathias Katubale; Respondent: Paulo Katerezu; Respondent: Makoye Mathias; Respondent: Mali La Hitra; Respondent: Fikiri Kisumo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2007
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Agency, Employer Liability, Privity of Contract
Source Language
English
Contract Law Agency Employer Liability Privity of Contract

Case Brief

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Parties

Birchand Oil Mill Ltd

Appellant

Mathias Katubale

Respondent

Paulo Katerezu

Respondent

Makoye Mathias

Respondent

Mali La Hitra

Respondent

Fikiri Kisumo

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant company is liable to pay the respondents for cotton sold when payment was made through its employee
  2. 2 Whether there was privity of contract between the appellant and the respondents

Ratio Decidendi

The court held that Simon Wilson acted as an employee and cashier of the appellant company, and all his actions regarding the purchase of cotton were on behalf of the company. Therefore, the appellant company is liable to pay the respondents for the cotton sold.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The decisions of the lower courts are upheld.