iscon commoditiest ltd vs abdul ahmad lilah 2020 tzhc 4044 1 october 2020

iscon commoditiest ltd vs abdul ahmad lilah 2020 tzhc 4044 1 october 2020

The court found that there was a partly oral and partly written contract between the parties, evidenced by the Promissory Notes signed by the defendant. The defendant breached the contract by failing to supply cashew nuts or refund the money. The claim that TAMCU paid the plaintiff was unsupported by evidence. The plaintiff was entitled to the principal sum, interest, nominal general damages, and costs.

Citation
iscon commoditiest ltd vs abdul ahmad lilah 2020 tzhc 4044 1 october 2020
Parties
Plaintiff: Iscon Commodities (T) Ltd; Defendant: Abdul Ahmad Lilah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 October 2020
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Agency, Promissory Notes, Damages, Interest on Judgment Debt
Source Language
English
Contract Law Commercial Law Breach of Contract Agency Promissory Notes Damages Interest on Judgment Debt

Case Brief

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Parties

Iscon Commodities (T) Ltd

Plaintiff

Abdul Ahmad Lilah

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether there was a contract to supply cashew nuts between the parties
  2. 2 Whether the defendant breached any term of the said contract
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The court found that there was a partly oral and partly written contract between the parties, evidenced by the Promissory Notes signed by the defendant. The defendant breached the contract by failing to supply cashew nuts or refund the money. The claim that TAMCU paid the plaintiff was unsupported by evidence. The plaintiff was entitled to the principal sum, interest, nominal general damages, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff TZS 208,000,000 with interest at 20% per annum from 30th June, 2014 to date of full recovery
  • Defendant to pay plaintiff general damages of TZS 20,000,000