20160218 TZHC Dar es Salaam5

20160218 TZHC Dar es Salaam5

There was no valid or binding agreement between the plaintiff and the defendant for facilitation of the Mwanza Airport project. The evidence did not establish that the plaintiff rendered services entitling him to the claimed commission. Any disputes under the agreements should have been referred to arbitration, and lobbying for tenders is not recognized under the law.

Citation
20160218 TZHC Dar es Salaam5
Parties
Plaintiff: David A. Noble t/a Noble Curative & Scientific Equipment; Defendant: Beijing Construction Engineering Group
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 2016
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Existence of Contract, Arbitration Clause, Public Procurement, Entitlement to Commission, Lobbying and Solicitation
Source Language
English
Contract Law Civil Procedure Existence of Contract Arbitration Clause Public Procurement Entitlement to Commission Lobbying and Solicitation

Case Brief

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Parties

David A. Noble t/a Noble Curative & Scientific Equipment

Plaintiff

Beijing Construction Engineering Group

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether there was any valid agreement between the plaintiff and the defendant for facilitation of award of tender for Mwanza Airport project
  2. 2 Whether any services were rendered by the plaintiff to the defendant worthy of the claimed amount
  3. 3 What reliefs the parties are entitled to

Ratio Decidendi

There was no valid or binding agreement between the plaintiff and the defendant for facilitation of the Mwanza Airport project. The evidence did not establish that the plaintiff rendered services entitling him to the claimed commission. Any disputes under the agreements should have been referred to arbitration, and lobbying for tenders is not recognized under the law.

Court Disposition

Suit dismissed with costs

Orders

  • Suit dismissed with costs