dow agroscience export sas vs is m metals ltd 2010 tzhccomd 17 8 december 2010

dow agroscience export sas vs is m metals ltd 2010 tzhccomd 17 8 december 2010

The Court found that the business relationship between the Plaintiff and Defendant was that of principal and agent by implication, and that the Defendant received the goods in question and is indebted to the Plaintiff for USD 134,568.00 as evidenced by the invoice. The Plaintiff is entitled to the outstanding debt, interest, and costs.

Citation
dow agroscience export sas vs is m metals ltd 2010 tzhccomd 17 8 december 2010
Parties
Plaintiff: DOW AGROSCIENCES EXPORT S.A.S; Defendant: I.S & M (METALS) LIMITED
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 December 2010
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Principal Agent Relationship, Debt Recovery, Supply of Goods, Interest on Decretal Amount
Source Language
English
Contract Law Commercial Law Principal Agent Relationship Debt Recovery Supply of Goods Interest on Decretal Amount

Case Brief

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Parties

DOW AGROSCIENCES EXPORT S.A.S

Plaintiff

I.S & M (METALS) LIMITED

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the Defendant was an agent of the Plaintiff for the distribution of the Plaintiff's agro-products
  2. 2 Whether the Defendant ever received any agro-chemicals from the Plaintiff
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The Court found that the business relationship between the Plaintiff and Defendant was that of principal and agent by implication, and that the Defendant received the goods in question and is indebted to the Plaintiff for USD 134,568.00 as evidenced by the invoice. The Plaintiff is entitled to the outstanding debt, interest, and costs.

Court Disposition

Judgment for the Plaintiff

Orders

  • The Defendant shall pay the Plaintiff USD 134,568.00 as outstanding debt.
  • Interest on the decretal amount at the rate of 12% per annum.