susan alphonce kolimba vs simagunga general trading co ltd and another 2020 tzhccomd 11 27 march 2020

susan alphonce kolimba vs simagunga general trading co ltd and another 2020 tzhccomd 11 27 march 2020

Defendants breached the terms of the MOU by failing to deliver buses within the agreed period and failing to refund the advance payment in full. Plaintiff failed to prove claims for price fluctuation, loan interest, and charges. Defendants proved refund of TZS 355,000,000.00; only TZS 41,000,000.00 remained outstanding. Plaintiff entitled to interest at 14.5% per annum on the outstanding amount, court interest at 7% per annum from judgment, and general damages of TZS 10,000,000.00.

Citation
susan alphonce kolimba vs simagunga general trading co ltd and another 2020 tzhccomd 11 27 march 2020
Parties
Plaintiff: Dr. Susan Alphonse Kolimba; 1st Defendant: Simagunga General Trading Co. Limited; 2nd Defendant: Donald Xavery Simagunga
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
27 March 2020
Procedural Posture
Commercial Case / Judgment
Outcome
Suit allowed in part with costs to plaintiff.
Legal Topics
Breach of Contract, Refund of Purchase Price, General Damages, Interest on Refund
Source Language
English
Contract Law Commercial Law Breach of Contract Refund of Purchase Price General Damages Interest on Refund

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Dr. Susan Alphonse Kolimba

Plaintiff

Simagunga General Trading Co. Limited

1st Defendant

Donald Xavery Simagunga

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the defendants breached the terms of the Memorandum of Understanding (MOU)
  2. 2 What sum of money have the defendants paid to the plaintiff as a refund for the purchase of two Higher buses
  3. 3 To what extent (if any) are the defendants indebted to the plaintiff on amount of the purchase price

Ratio Decidendi

Defendants breached the terms of the MOU by failing to deliver buses within the agreed period and failing to refund the advance payment in full. Plaintiff failed to prove claims for price fluctuation, loan interest, and charges. Defendants proved refund of TZS 355,000,000.00; only TZS 41,000,000.00 remained outstanding. Plaintiff entitled to interest at 14.5% per annum on the outstanding amount, court interest at 7% per annum from judgment, and general damages of TZS 10,000,000.00.

Court Disposition

Suit allowed in part with costs to plaintiff.

Orders

  • Defendants to pay plaintiff TZS 41,000,000.00 as outstanding refund.
  • Defendants to pay interest at 14.5% per annum on TZS 41,000,000.00 from 1st May 2016 to date of judgment and full payment.