JUDGEMENT FINAL CIVIL CASE NO

JUDGEMENT FINAL CIVIL CASE NO

There was a valid equipment lease agreement between the parties, the defendants failed to pay the agreed monthly installments, constituting breach of contract, entitling the plaintiff to the claimed sum and general damages.

Citation
JUDGEMENT FINAL CIVIL CASE NO
Parties
Plaintiff: Edson Hamilton; 1st Defendant: ZIMTAC Ventures (East Africa) Limited; 2nd Defendant: Petros Majinyori
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Case / Ex Parte Judgment
Outcome
Plaintiff's claim allowed ex parte.
Legal Topics
Breach of Contract, Damages, Corporate Veil
Source Language
English
Contract Law Breach of Contract Damages Corporate Veil

Case Brief

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Parties

Edson Hamilton

Plaintiff

ZIMTAC Ventures (East Africa) Limited

1st Defendant

Petros Majinyori

2nd Defendant

Procedural Posture

Civil Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether there was an agreement on equipment between the plaintiff and the defendants
  2. 2 Whether the defendants breached the agreement
  3. 3 Whether the plaintiff suffered any financial loss (damages) on his business expectation

Ratio Decidendi

There was a valid equipment lease agreement between the parties, the defendants failed to pay the agreed monthly installments, constituting breach of contract, entitling the plaintiff to the claimed sum and general damages.

Court Disposition

Plaintiff's claim allowed ex parte.

Orders

  • Defendants to pay plaintiff Tshs. 264,500,000 with interest at court rate
  • Defendants to pay Tshs. 30,000,000 as general damages