jcdecaux tanzania ltd vs imperial media agencies tanzania limited one another 2022 tzhccomd 142 16 may 2022

jcdecaux tanzania ltd vs imperial media agencies tanzania limited one another 2022 tzhccomd 142 16 may 2022

Plaintiff failed to prove the existence of a written contract for the Deputy General Manager position; oral evidence cannot substitute documentary evidence where a written contract is admitted to exist. Without proof of the relevant contract, no cause of action for breach is established.

Citation
jcdecaux tanzania ltd vs imperial media agencies tanzania limited one another 2022 tzhccomd 142 16 may 2022
Parties
Plaintiff: JCDecaux Tanzania Limited; 1st Defendant: Imperial Media Agencies Limited; 2nd Defendant: Frank John Nicodemus
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 May 2022
Procedural Posture
Commercial / Final Judgment
Outcome
case dismissed
Legal Topics
Breach of Contract, Employment Contract, Burden of Proof, Documentary Evidence
Source Language
English
Contract Law Company Law Employment Law Breach of Contract Employment Contract Burden of Proof Documentary Evidence

Case Brief

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Parties

JCDecaux Tanzania Limited

Plaintiff

Imperial Media Agencies Limited

1st Defendant

Frank John Nicodemus

2nd Defendant

Procedural Posture

Commercial / Final Judgment

Legal Issues

  1. 1 Whether the 2nd Defendant was employed as Deputy General Manager of the Plaintiff
  2. 2 Whether there was a breach of contract by the Second Defendant against the Plaintiff
  3. 3 Whether the First Defendant was complicit in the breach of contract by the Second Defendant

Ratio Decidendi

Plaintiff failed to prove the existence of a written contract for the Deputy General Manager position; oral evidence cannot substitute documentary evidence where a written contract is admitted to exist. Without proof of the relevant contract, no cause of action for breach is established.

Court Disposition

case dismissed

Orders

  • Plaintiff's case dismissed for lack of cause of action
  • Plaintiff ordered to pay costs to both defendants