great vision africa ltd vs planetel communication ltd 2011 tzhccomd 2048 8 april 2011

great vision africa ltd vs planetel communication ltd 2011 tzhccomd 2048 8 april 2011

The Plaintiff failed to prove the existence of a valid deed of settlement as the Training Manager was not competent to bind the Defendant company, and there was no evidence of lawful consideration; thus, no enforceable contract existed between the parties.

Citation
great vision africa ltd vs planetel communication ltd 2011 tzhccomd 2048 8 april 2011
Parties
Plaintiff: Great Vision Africa Ltd; Defendant: Planetel Communication Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 April 2011
Procedural Posture
Commercial Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Validity of Contract, Authority to Contract, Doctrine of Indoor Management, Consideration, Corporate Capacity
Source Language
English
Contract Law Company Law Validity of Contract Authority to Contract Doctrine of Indoor Management Consideration Corporate Capacity

Case Brief

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Parties

Great Vision Africa Ltd

Plaintiff

Planetel Communication Ltd

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was a valid deed of settlement between the parties
  2. 2 Whether there was breach of the deed of settlement
  3. 3 To what extent was the breach (if any)

Ratio Decidendi

The Plaintiff failed to prove the existence of a valid deed of settlement as the Training Manager was not competent to bind the Defendant company, and there was no evidence of lawful consideration; thus, no enforceable contract existed between the parties.

Court Disposition

Suit dismissed with costs

Orders

  • Judgment entered against the Plaintiff with costs