export trading company vs tandahimba newala cooperative union ltd another 2022 tzhc 15322 15 december 2022

export trading company vs tandahimba newala cooperative union ltd another 2022 tzhc 15322 15 december 2022

The plaintiff is entitled to the undelivered 332,843 kg of cashewnuts valued at TZS 532,164,563 as both defendants were jointly responsible for the loss, having failed to deliver goods paid for. The plaintiff is awarded specific damages, general damages, and costs, with interest on the specific damages at 21% per annum from June 2015 until full recovery.

Citation
export trading company vs tandahimba newala cooperative union ltd another 2022 tzhc 15322 15 december 2022
Parties
Plaintiff: Export Trading Company; 1st Defendant: Tandahimba Newala Cooperative Union Ltd; 2nd Defendant: Tandahimba Quality Control System Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2022
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Warehouse Receipts, Damages, Mis Delivery of Goods
Source Language
English
Commercial Law Contract Law Breach of Contract Warehouse Receipts Damages Mis Delivery of Goods

Case Brief

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Parties

Export Trading Company

Plaintiff

Tandahimba Newala Cooperative Union Ltd

1st Defendant

Tandahimba Quality Control System Ltd

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to 332,843 kilograms of cashewnuts valued at TZS 532,164,563 from the defendants
  2. 2 Who is liable between the 1st and 2nd defendant for the missing cashewnuts
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff is entitled to the undelivered 332,843 kg of cashewnuts valued at TZS 532,164,563 as both defendants were jointly responsible for the loss, having failed to deliver goods paid for. The plaintiff is awarded specific damages, general damages, and costs, with interest on the specific damages at 21% per annum from June 2015 until full recovery.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded TZS 532,164,563 as specific damages for undelivered cashewnuts
  • Interest at 21% per annum on specific damages from June 2015 to date of full recovery