20190809 TZHC Dar es Salaam

The plaintiff is entitled to payment for the supplies acknowledged as received and unpaid, as evidenced by Local Purchase Orders and written admissions by the first defendant and its successor. The second and third defendants, as government representatives, are jointly liable for the debt after the mine's takeover by the government.

Citation: 20190809 TZHC Dar es Salaam
Parties: Plaintiff: Joyce Michael Jengela Mwakyosi; 1st Defendant: Kiwira Coal and Power Ltd; 2nd Defendant: Treasury Registrar; 3rd Defendant: Permanent Secretary Ministry of Energy & Minerals; 4th Defendant: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 August 2019
Procedural Posture: Civil / Judgment
Outcome: partly allowed
Legal Topics: Supply of Goods, Payment of Debt, Government Liability
Source Language: English

Contract Law Commercial Law Supply of Goods Payment of Debt Government Liability

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3

Parties

Joyce Michael Jengela Mwakyosi

Plaintiff

Kiwira Coal and Power Ltd

1st Defendant

Treasury Registrar

2nd Defendant

Permanent Secretary Ministry of Energy & Minerals

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff is entitled to the claimed sum for equipment and facilities supplied to the first defendant
2 Whether the plaintiff has a claim against the second and third defendants
3 What reliefs are the parties entitled to

Ratio Decidendi

Court Disposition

partly allowed

Orders

Plaintiff awarded USD 52,500.00 and TZS 22,367,500 with interest at 10% from date of judgment to final settlement
Claims for compound interest and general damages dismissed