erasmus kway vs best sales bureau de change ltd 2020 tzhccomd 1968 25 august 2020

erasmus kway vs best sales bureau de change ltd 2020 tzhccomd 1968 25 august 2020

The plaintiff failed to prove the existence of any agreement or agency relationship with the defendant, failed to provide credible evidence of the alleged transaction, and any such agreement would have been illegal under regulatory law. Therefore, there was no breach and no entitlement to damages.

Source-derived case information.

Citation
erasmus kway vs best sales bureau de change ltd 2020 tzhccomd 1968 25 august 2020
Parties
Plaintiff: Erasmus Kway; Defendant: Best Sales Bureau de Change Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
25 August 2020
Procedural Posture
Commercial Case / Judgment After Full Trial
Outcome
Suit dismissed with costs
Legal Topics
Breach of Contract, Agency, Illegality of Contract, Burden of Proof, Damages
Source Language
english
Contract Law Commercial Law Breach of Contract Agency Illegality of Contract Burden of Proof Damages

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Parties

Erasmus Kway

Plaintiff

Best Sales Bureau de Change Limited

Defendant

Procedural Posture

Commercial Case / Judgment After Full Trial

Legal Issues

  1. 1 Whether there was an agreement between the plaintiff and the defendant
  2. 2 Whether there was breach of the agreement by the defendant
  3. 3 What reliefs are parties entitled to

Ratio Decidendi

The plaintiff failed to prove the existence of any agreement or agency relationship with the defendant, failed to provide credible evidence of the alleged transaction, and any such agreement would have been illegal under regulatory law. Therefore, there was no breach and no entitlement to damages.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff's claims are dismissed
  • Plaintiff to pay costs of the suit