eac logistic solution limited vs falcon marines transportation limited 2021 tzhc 3197 18 may 2021

eac logistic solution limited vs falcon marines transportation limited 2021 tzhc 3197 18 may 2021

There was a contract by conduct; respondent shipped the cargo and is entitled to payment, but failed to prove agreed shipment costs of USD 17,345. Appellant's offer of Tshs. 20,000,000/= is awarded. Electronic evidence was properly admitted. Commercial interest applies up to judgment, court rate thereafter.

Source-derived case information.

Citation
eac logistic solution limited vs falcon marines transportation limited 2021 tzhc 3197 18 may 2021
Parties
Appellant: EAC Logistic Solution Limited; Respondent: Falcony Marines Transportation Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 May 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Existence of Contract, Authority of Company Directors, Admissibility of Electronic Evidence, Award of Interest
Source Language
english
Contract Law Company Law Civil Procedure Existence of Contract Authority of Company Directors Admissibility of Electronic Evidence Award of Interest

Source-derived case record

Summary, issues, holding and outcome

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Parties

EAC Logistic Solution Limited

Appellant

Falcony Marines Transportation Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether there was a contract between the parties
  2. 2 Whether the respondent fully executed contractual obligations
  3. 3 Whether shipment costs were agreed

Ratio Decidendi

There was a contract by conduct; respondent shipped the cargo and is entitled to payment, but failed to prove agreed shipment costs of USD 17,345. Appellant's offer of Tshs. 20,000,000/= is awarded. Electronic evidence was properly admitted. Commercial interest applies up to judgment, court rate thereafter.

Court Disposition

appeal partly allowed

Orders

  • Respondent awarded Tshs. 20,000,000/= with 22% commercial interest from due date to judgment date, then 7% court interest until full settlement
  • No order as to costs in appellate court