jeremy woods another vs robert choudry another 2007 tzhc 320 16 november 2007
The Defendants received USD 200,000 from the Plaintiffs for investment and shareholding in a new company but failed to allot the agreed shares or issue share certificates, constituting a breach of the implied terms of the agreement. The Plaintiffs are entitled to a refund of the investment less amounts already received.
- Citation
- jeremy woods another vs robert choudry another 2007 tzhc 320 16 november 2007
- Parties
- Plaintiff: Jeremy Woods; Plaintiff: Cameron Woods; Defendant: Robert Choudry; Defendant: Cullinan Cut & Polish Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 November 2007
- Procedural Posture
- Commercial Case / Judgment
- Outcome
- Judgment for the Plaintiffs
- Legal Topics
- Breach of Contract, Shareholding, Investment Disputes, Company Law, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jeremy Woods
Plaintiff
Cameron Woods
Plaintiff
Robert Choudry
Defendant
Cullinan Cut & Polish Ltd
Defendant
Procedural Posture
Commercial Case / Judgment
Legal Issues
- 1 Whether the Defendants owe USD 200,000 to the Plaintiffs and on what account
- 2 What were the terms of the agreement under which the money was advanced
- 3 Whether any of the terms of the agreement was breached by any of the parties
Ratio Decidendi
The Defendants received USD 200,000 from the Plaintiffs for investment and shareholding in a new company but failed to allot the agreed shares or issue share certificates, constituting a breach of the implied terms of the agreement. The Plaintiffs are entitled to a refund of the investment less amounts already received.
Court Disposition
Judgment for the Plaintiffs
Orders
- Defendants to refund USD 187,500 to the Plaintiffs (USD 200,000 less USD 12,500 already received)
- USD 187,500 to attract interest at 21% per annum from 15/9/2006 to date of judgment
Full Case Text
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