drchristopher james daborn 2 others vs mr rashid ali sevingi another 2013 tzhccomd 6 23 august 2013

drchristopher james daborn 2 others vs mr rashid ali sevingi another 2013 tzhccomd 6 23 august 2013

There was a mutual agreement for transfer of the property to the company, evidenced by board resolutions and a signed transfer deed. The Defendants intentionally and maliciously breached this agreement by refusing to complete the transfer without justification. The Plaintiffs failed to prove special or general damages, but the Defendants' conduct warranted exemplary damages and costs.

Citation
drchristopher james daborn 2 others vs mr rashid ali sevingi another 2013 tzhccomd 6 23 august 2013
Parties
Plaintiff: Dr. Christopher James Daborn; Plaintiff: Ms. Sandra E. Wood; Plaintiff: Crater Highlands Company Limited; Defendant: Mr. Rashid Ali Sevingi; Defendant: Mrs. Flora K. Sevingi
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 August 2013
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for Plaintiffs in part
Legal Topics
Shareholder Disputes, Transfer of Property, Breach of Agreement, Directors' Duties, Exemplary Damages
Source Language
English
Company Law Contract Law Civil Procedure Shareholder Disputes Transfer of Property Breach of Agreement Directors' Duties Exemplary Damages

Case Brief

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Parties

Dr. Christopher James Daborn

Plaintiff

Ms. Sandra E. Wood

Plaintiff

Crater Highlands Company Limited

Plaintiff

Mr. Rashid Ali Sevingi

Defendant

Mrs. Flora K. Sevingi

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was a mutual agreement for transfer of Plot No.20 Block 'G' Karatu Urban to Crater Highlands Company Ltd.
  2. 2 Whether the preparation of transfer documents was done maliciously and fraudulently by the Plaintiffs to defraud the Defendants.
  3. 3 Whether Defendants intentionally and maliciously breached the agreement for transfer of the said property to Crater Highlands Co. Ltd.

Ratio Decidendi

There was a mutual agreement for transfer of the property to the company, evidenced by board resolutions and a signed transfer deed. The Defendants intentionally and maliciously breached this agreement by refusing to complete the transfer without justification. The Plaintiffs failed to prove special or general damages, but the Defendants' conduct warranted exemplary damages and costs.

Court Disposition

Judgment for Plaintiffs in part

Orders

  • Declaration that Defendants intentionally and maliciously acted adversely prejudicial to the pecuniary and proprietary interests of Crater Highlands Company Limited.
  • Defendants to pay TZS 10,000,000 as exemplary damages jointly and severally.