export trading company ltdvs tandahimba newala cooperative uniontanecu limited and another 2021 tzhc 7345 22 october 2021

export trading company ltdvs tandahimba newala cooperative uniontanecu limited and another 2021 tzhc 7345 22 october 2021

The plaintiff proved on the balance of probabilities that it paid for and was entitled to 414,529 kilograms of cashewnuts, which were not delivered due to misdelivery by the 2nd defendant. The warehouse receipts and release warrants were conclusive proof of payment and entitlement. The 2nd defendant, as warehouse operator, was liable for the misdelivery and resulting losses. The 1st defendant, as vendor, was not liable for the misdelivery as the issue arose at the warehouse stage. The plaintiff is entitled to the claimed sums, loss of business, general damages, interest, and costs against the 2nd defendant.

Citation
export trading company ltdvs tandahimba newala cooperative uniontanecu limited and another 2021 tzhc 7345 22 october 2021
Parties
Plaintiff: Export Trading Company Ltd; 1st Defendant: Tandahimba Newala Cooperative Union (TANECU) Limited; 2nd Defendant: Dar es Salaam Ndogo Auction Mart Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2021
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff against the 2nd defendant; suit dismissed against the 1st defendant.
Legal Topics
Breach of Contract, Damages, Warehouse Receipt System, Misdelivery of Goods
Source Language
English
Contract Law Commercial Law Breach of Contract Damages Warehouse Receipt System Misdelivery of Goods

Case Brief

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Parties

Export Trading Company Ltd

Plaintiff

Tandahimba Newala Cooperative Union (TANECU) Limited

1st Defendant

Dar es Salaam Ndogo Auction Mart Ltd

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to the claim for undelivered cashewnuts and damages
  2. 2 Who is liable between the 1st and 2nd defendants for the misdelivery
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff proved on the balance of probabilities that it paid for and was entitled to 414,529 kilograms of cashewnuts, which were not delivered due to misdelivery by the 2nd defendant. The warehouse receipts and release warrants were conclusive proof of payment and entitlement. The 2nd defendant, as warehouse operator, was liable for the misdelivery and resulting losses. The 1st defendant, as vendor, was not liable for the misdelivery as the issue arose at the warehouse stage. The plaintiff is entitled to the claimed sums, loss of business, general damages, interest, and costs against the 2nd defendant.

Court Disposition

Judgment for the plaintiff against the 2nd defendant; suit dismissed against the 1st defendant.

Orders

  • Payment of Tshs. 651,052,412 for undelivered 414,529 kilograms of cashewnuts by the 2nd defendant
  • Payment of Tshs. 70,000,000 for loss of business