19880609 TZHC Dar es Salaamj

19880609 TZHC Dar es Salaamj

The plaintiff discharged all contractual obligations, including payment of the purchase price and additional sums, entitling it to specific performance. The defendant's arguments were found to lack credibility, and the contract was clear and enforceable. Damages would not be adequate due to the unique nature of the permit and bus.

Citation
19880609 TZHC Dar es Salaamj
Parties
Plaintiff: C.P.M & Company; Defendant: John A. Sozigwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 June 1988
Procedural Posture
Civil Suit / Judgment
Outcome
Suit allowed
Legal Topics
Specific Performance, Breach of Contract, Sale of Goods, Remedies
Source Language
English
Contract Law Specific Performance Breach of Contract Sale of Goods Remedies

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Parties

C.P.M & Company

Plaintiff

John A. Sozigwa

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 What was the nature of the agreement between the parties?
  2. 2 Who was in breach of the agreement?
  3. 3 What reliefs are the parties entitled to?

Ratio Decidendi

The plaintiff discharged all contractual obligations, including payment of the purchase price and additional sums, entitling it to specific performance. The defendant's arguments were found to lack credibility, and the contract was clear and enforceable. Damages would not be adequate due to the unique nature of the permit and bus.

Court Disposition

Suit allowed

Orders

  • Sub-Scania is ordered to deliver possession of the Scania bus Registration No. TZ90344 to the plaintiff company.
  • Ownership of the bus to be transferred to the plaintiff company after repayment of the loan of shs.2,835,400/= to CRDB.