19900621 TZHC Dar es Salaam

The defendant breached the contract by refusing to deliver the diamond crane after accepting the plaintiff's tender and payment. The plaintiff was entitled to specific performance and damages as the contract was valid and separate from any indebtedness to the defendant.

Citation: 19900621 TZHC Dar es Salaam
Parties: Plaintiff: Elimudi Mathew Hoore; Defendant: National Engineering Company Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 June 1990
Procedural Posture: Civil Suit / Final Judgment
Outcome: Plaintiff partially succeeded.
Legal Topics: Specific Performance, Breach of Contract, Damages, Sale of Specific Goods
Source Language: English

Contract Law Sale of Goods Specific Performance Breach of Contract Damages Sale of Specific Goods

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Elimudi Mathew Hoore

Plaintiff

National Engineering Company Ltd

Defendant

Procedural Posture

Civil Suit / Final Judgment

Legal Issues

1 Whether there was a valid contract of sale between the plaintiff and defendant for the diamond crane.
2 Whether the defendant was justified in refusing delivery of the diamond crane to the plaintiff.
3 Whether the plaintiff was indebted to the defendant and whether payment for the crane should be treated as payment of debt.

Ratio Decidendi

Court Disposition

Plaintiff partially succeeded.

Orders

Defendant to hand over Diamond Crane Registration No. 8T 7237 to plaintiff forthwith.
Plaintiff awarded general damages of shs. 50,000/- with interest at court rate from date of judgment until payment.