20130218 TZHC Dr es Salaam

20130218 TZHC Dr es Salaam

The theft and damage occurred while the goods were in the custody of the 2nd defendant; the plaintiff is entitled to reasonable compensation for stolen and damaged goods and general damages, but not punitive damages or interest. Demurrage charges are not payable due to the circumstances.

Citation
20130218 TZHC Dr es Salaam
Parties
Plaintiff: Helene Masanja; 1st Defendant: Kenya National Shipping Line Ltd; 2nd Defendant: Tanzania International Container Terminal Services Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 2013
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Loss of Goods, Custody Liability, Damages Assessment, Demurrage Charges, Punitive Damages, General Damages
Source Language
English
Tort Contract Shipping Damages Loss of Goods Custody Liability Damages Assessment Demurrage Charges +2 more

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Parties

Helene Masanja

Plaintiff

Kenya National Shipping Line Ltd

1st Defendant

Tanzania International Container Terminal Services Ltd

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Entitlement to payment for lost, stolen, or vandalised items
  2. 2 Occurrence of theft and vandalism under custody of 2nd defendant
  3. 3 Entitlement to general damages

Ratio Decidendi

The theft and damage occurred while the goods were in the custody of the 2nd defendant; the plaintiff is entitled to reasonable compensation for stolen and damaged goods and general damages, but not punitive damages or interest. Demurrage charges are not payable due to the circumstances.

Court Disposition

judgment for plaintiff in part

Orders

  • 2nd defendant to pay plaintiff Tshs.50,000,000/= for stolen and damaged goods
  • 2nd defendant to pay plaintiff Tshs.30,000,000/= as general damages