20050816 TZHC Dr es Salaam

20050816 TZHC Dr es Salaam

The court found that a valid contract existed and was breached by the defendants' unilateral termination, entitling the plaintiff to specific sums due and general damages for suffering and inconvenience.

Citation
20050816 TZHC Dr es Salaam
Parties
Plaintiff: Hussein Al Ali; Defendant: Mary Biscuits Industries Ltd; Defendant: Golden Bakery Industries Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 August 2005
Procedural Posture
Civil Case / Ex Parte Judgment After Defendants' Default
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, General Damages, Employment Contracts
Source Language
English
Contract Law Breach of Contract General Damages Employment Contracts

Case Brief

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Parties

Hussein Al Ali

Plaintiff

Mary Biscuits Industries Ltd

Defendant

Golden Bakery Industries Ltd

Defendant

Procedural Posture

Civil Case / Ex Parte Judgment After Defendants' Default

Legal Issues

  1. 1 Whether there was an agreement between the plaintiff and the defendants for cooperation in the two enterprises
  2. 2 Whether the defendants breached the agreement
  3. 3 What reliefs the parties are entitled to

Ratio Decidendi

The court found that a valid contract existed and was breached by the defendants' unilateral termination, entitling the plaintiff to specific sums due and general damages for suffering and inconvenience.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded Tshs 19,923,310 (USD 14,000) with commercial interest from date of judgment to full payment
  • Plaintiff awarded general damages of USD 40,000 with 12% interest from date of judgment to full payment