NA TZCA Dar es Salaam4 2

NA TZCA Dar es Salaam4 2

The requirement of a performance bond was a valid term of the contract, duly communicated and accepted by the appellant. The appellant failed to comply and subsequently repudiated the contract, entitling the first respondent to rescind and sell the ship to the second respondent. Property in the ship did not pass to the appellant. Fraud allegations were unsupported and rejected.

Citation
NA TZCA Dar es Salaam4 2
Parties
Appellant: ESMAIL INTERNATIONAL LIMITED; First Respondent: S. KASIDI; Second Respondent: L. J. RICKARDS & COMPANY LTD.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Performance Bond, Repudiation, Fraud Allegations, Sale by Tender
Source Language
English
Contract Law Sale of Goods Breach of Contract Performance Bond Repudiation Fraud Allegations Sale by Tender

Case Brief

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Parties

ESMAIL INTERNATIONAL LIMITED

Appellant

S. KASIDI

First Respondent

L. J. RICKARDS & COMPANY LTD.

Second Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the requirement of a performance bond was a term of the contract
  2. 2 Whether the appellant withdrew from the bid and repudiated the contract
  3. 3 Whether property in the ship passed to the appellant

Ratio Decidendi

The requirement of a performance bond was a valid term of the contract, duly communicated and accepted by the appellant. The appellant failed to comply and subsequently repudiated the contract, entitling the first respondent to rescind and sell the ship to the second respondent. Property in the ship did not pass to the appellant. Fraud allegations were unsupported and rejected.

Court Disposition

appeal dismissed

Orders

  • Appellant's claim dismissed
  • Costs awarded to respondents