coca cola kwanza ltd vs scholastica ponera 2014 tzhc 2144 24 october 2014

coca cola kwanza ltd vs scholastica ponera 2014 tzhc 2144 24 october 2014

The plaintiff failed to prove that the defendant breached the lease agreement or that specific damages were incurred, as there was no evidence of communication of defects or strict proof of damages. The defendant's counterclaim for specific damages also failed for lack of expert evidence, but general damages were awarded to the defendant due to the manner of termination.

Citation
coca cola kwanza ltd vs scholastica ponera 2014 tzhc 2144 24 october 2014
Parties
Plaintiff: Coca-Cola Kwanza Limited; Defendant: Scholastica Ponera
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 October 2014
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's suit dismissed with costs; defendant awarded general damages and costs on the counterclaim.
Legal Topics
Lease Agreement, Breach of Contract, Specific Damages, General Damages, Counterclaim
Source Language
English
Land Law Contract Law Lease Agreement Breach of Contract Specific Damages General Damages Counterclaim

Case Brief

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Parties

Coca-Cola Kwanza Limited

Plaintiff

Scholastica Ponera

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether there was communication between the plaintiff and the defendant on the alleged defects of the premises before termination of the lease agreement
  2. 2 Whether the defendant failed to fulfill her obligations and was unwilling to co-operate throughout the lease period
  3. 3 Whether the plaintiff is entitled to specific damages as claimed in the plaint

Ratio Decidendi

The plaintiff failed to prove that the defendant breached the lease agreement or that specific damages were incurred, as there was no evidence of communication of defects or strict proof of damages. The defendant's counterclaim for specific damages also failed for lack of expert evidence, but general damages were awarded to the defendant due to the manner of termination.

Court Disposition

Plaintiff's suit dismissed with costs; defendant awarded general damages and costs on the counterclaim.

Orders

  • Plaintiff's suit is dismissed with costs.
  • Defendant awarded general damages of Tshs. 10,000,000.