epsom limited v torya machines limited 2022 tzhccomd 96 29 april 2022

epsom limited v torya machines limited 2022 tzhccomd 96 29 april 2022

Plaintiff had good reason to return defective equipment; defendants acknowledged receipt and promised refund, thereby waiving original contract terms. Settlement agreement was not proved to be procured under coercion; defendants breached by failing to pay as agreed.

Citation
epsom limited v torya machines limited 2022 tzhccomd 96 29 april 2022
Parties
Plaintiff: EPSOM LIMITED; Defendant: TORYA MACHINES LIMITED
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 April 2022
Procedural Posture
Commercial Case / Final Judgment
Outcome
Suit allowed in part; judgment for plaintiff
Legal Topics
Breach of Contract, Settlement Agreement, Refund of Purchase Price, Coercion and Duress, Rescission and Novation
Source Language
English
Contract Law Commercial Law Breach of Contract Settlement Agreement Refund of Purchase Price Coercion and Duress Rescission and Novation

Case Brief

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Parties

EPSOM LIMITED

Plaintiff

TORYA MACHINES LIMITED

Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff had good or plausible reason to return the equipment under the contract terms
  2. 2 Whether the plaintiff is entitled to refund of the purchase price after return and acknowledgement
  3. 3 Whether the settlement agreement was procured properly

Ratio Decidendi

Plaintiff had good reason to return defective equipment; defendants acknowledged receipt and promised refund, thereby waiving original contract terms. Settlement agreement was not proved to be procured under coercion; defendants breached by failing to pay as agreed.

Court Disposition

Suit allowed in part; judgment for plaintiff

Orders

  • Payment of USD 31,500 as special damages
  • Payment of Tshs. 10,000,000 as general damages