crescent impex t limited vs mtibwa sugar estates limited 2023 tzca 17501 16 august 2023

crescent impex t limited vs mtibwa sugar estates limited 2023 tzca 17501 16 august 2023

Appellant failed to discharge the burden of proof regarding the alleged price of Tshs. 495,950/= per kilogram, as no admissible evidence was tendered; reliance on untendered invoices was improper; caveat emptor did not apply as the price was not communicated or agreed; first appellate court properly re-evaluated evidence and submissions.

Citation
crescent impex t limited vs mtibwa sugar estates limited 2023 tzca 17501 16 august 2023
Parties
Appellant: Crescent Impex (T) Limited; Respondent: Mtibwa Sugar Estates Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 August 2023
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Documentary Evidence, Caveat Emptor, Pleadings, Standard of Proof
Source Language
English
Contract Law Civil Procedure Burden of Proof Documentary Evidence Caveat Emptor Pleadings Standard of Proof

Case Brief

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Parties

Crescent Impex (T) Limited

Appellant

Mtibwa Sugar Estates Limited

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the agreed price for PTFE materials was Tshs. 495,950/= or Tshs. 23,000/= per kilogram
  2. 2 Whether reliance on untendered invoices as evidence was proper
  3. 3 Applicability of caveat emptor in the circumstances

Ratio Decidendi

Appellant failed to discharge the burden of proof regarding the alleged price of Tshs. 495,950/= per kilogram, as no admissible evidence was tendered; reliance on untendered invoices was improper; caveat emptor did not apply as the price was not communicated or agreed; first appellate court properly re-evaluated evidence and submissions.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs.