charles richard kombe ta kombe building material another vs evarani mtungi 2 others 2011 tzhccomd 2045 5 september 2011

charles richard kombe ta kombe building material another vs evarani mtungi 2 others 2011 tzhccomd 2045 5 september 2011

Plaintiff failed to prove, on a balance of probabilities, that he supplied the contracted 60,000 bricks to the Defendants as required by the agreement. The Plaintiff did not produce the delivery book or other documentary evidence to corroborate oral testimony. The burden of proof was not discharged. The dishonoured cheques were issued by the 3rd Defendant, but payment was justifiably withheld due to Plaintiff's failure to fulfill contractual obligations. The 2nd Defendant was not shown to be a party to the contract or a signatory to the cheques. The Plaintiff's claim is unsubstantiated and fails.

Citation
charles richard kombe ta kombe building material another vs evarani mtungi 2 others 2011 tzhccomd 2045 5 september 2011
Parties
Plaintiff: Charles Richard Kombe t/a Kombe Building Materials; 1st Defendant: Evarani Mtungi; 2nd Defendant: Mohamed Lwiza; 3rd Defendant: General Services & Constructions Co. Ltd.
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 September 2011
Procedural Posture
Commercial Case (summary Procedure) / Judgment After Full Trial
Outcome
Suit dismissed with costs against the Plaintiff.
Legal Topics
Dishonoured Cheques, Burden of Proof, Contractual Obligations, Summary Procedure, Guarantor Liability
Source Language
English
Commercial Law Contract Law Evidence Law Dishonoured Cheques Burden of Proof Contractual Obligations Summary Procedure Guarantor Liability

Case Brief

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Parties

Charles Richard Kombe t/a Kombe Building Materials

Plaintiff

Evarani Mtungi

1st Defendant

Mohamed Lwiza

2nd Defendant

General Services & Constructions Co. Ltd.

3rd Defendant

Procedural Posture

Commercial Case (summary Procedure) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the Defendants entered into an agreement with the Plaintiff
  2. 2 Whether the Plaintiff fulfilled the terms of the agreement
  3. 3 Whether Defendants issued dishonoured cheques

Ratio Decidendi

Plaintiff failed to prove, on a balance of probabilities, that he supplied the contracted 60,000 bricks to the Defendants as required by the agreement. The Plaintiff did not produce the delivery book or other documentary evidence to corroborate oral testimony. The burden of proof was not discharged. The dishonoured cheques were issued by the 3rd Defendant, but payment was justifiably withheld due to Plaintiff's failure to fulfill contractual obligations. The 2nd Defendant was not shown to be a party to the contract or a signatory to the cheques. The Plaintiff's claim is unsubstantiated and fails.

Court Disposition

Suit dismissed with costs against the Plaintiff.

Orders

  • Judgment entered against the Plaintiff with costs.