joseph juma bigazi vs simon john malimbo and others 2020 tzhccomd 56 22 may 2020

joseph juma bigazi vs simon john malimbo and others 2020 tzhccomd 56 22 may 2020

There was an oral contract between the plaintiff and the 1st defendant for the supply of 38,000 litres of fuel, and the plaintiff paid Tshs. 57,750,000/= as consideration. The 1st and 2nd defendants breached the contract by failing to supply the fuel or return the money. The 3rd defendant was not a party to the contract and cannot be held liable.

Citation
joseph juma bigazi vs simon john malimbo and others 2020 tzhccomd 56 22 may 2020
Parties
Plaintiff: Joseph Juma Big Azi; 1st Defendant: Simon John Malimbo; 2nd Defendant: Kervin Joshua; 3rd Defendant: Sajad Habib Rai
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
22 May 2020
Procedural Posture
Commercial Case / Judgment
Outcome
judgment for the plaintiff against the 1st and 2nd defendants jointly and severally
Legal Topics
Breach of Contract, Oral Agreements, Supply of Goods, Damages
Source Language
English
Contract Law Commercial Law Breach of Contract Oral Agreements Supply of Goods Damages

Case Brief

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Parties

Joseph Juma Big Azi

Plaintiff

Simon John Malimbo

1st Defendant

Kervin Joshua

2nd Defendant

Sajad Habib Rai

3rd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was an agreement between the plaintiff and the defendants for supply of 38,000 litres of fuel and the plaintiff paid Tshs. 57,750,000/= as consideration for the said 38,000 litres of fuel.
  2. 2 If the first issue is answered in the affirmative, whether there was a breach of the said oral agreement between the plaintiff and the defendants.
  3. 3 To what reliefs are the parties entitled to.

Ratio Decidendi

There was an oral contract between the plaintiff and the 1st defendant for the supply of 38,000 litres of fuel, and the plaintiff paid Tshs. 57,750,000/= as consideration. The 1st and 2nd defendants breached the contract by failing to supply the fuel or return the money. The 3rd defendant was not a party to the contract and cannot be held liable.

Court Disposition

judgment for the plaintiff against the 1st and 2nd defendants jointly and severally

Orders

  • 1st and 2nd defendants to pay the plaintiff Tshs. 57,750,000/=
  • 1st and 2nd defendants to pay interest on the decretal sum at 20% from the date of filing to the date of judgment