20170321 TZHC Dar es Salaam

-~. { { fi1 i~ . c;.._ ) IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM CIVIL CASE NO. 135 OF 2016 J. T. S. TANZANIA LIMITED ............................. PLAINTIFF VERSUS CHIEF EXECUTIVE OFFICER, MILLENNIUM CHALLENGE ACCOUNT TANZANIA (Symbian Alston Grid JV) ........................ 1 st DEFENDANT SYMBION POWER LLC ........................... 2No DEFENDANT Date of last Order : 23/2/2017 . Date of Judgment : 2/3/2017 JUDGEMENT Kitusi, J. The Plaintiff J.T.S. Tanzania Limited is a body incorporated and carries on business in Tanzania. It deals with telecom and electric services. The defendants, the Chief Executive Officer, Millennium Challenge Account Tanzania (Symbian Alston Grid JV) and Symbian Power LLC both body corporate under the laws of 1 r United States of America but with offices in Tanzania, were engaged in Management of Electric projects. The essence of this case is a request by the defendants that the plaintiff supplies them with electrical goods and services under terms both express and implied that payment would be effected within thirty days. The plaintiff supplied the defendants with goods described as 132 KV 1200 SQMM Cable pulling 7. In terms of services, the plaintiff did what is referred to as installation of 132 KV 12000 SQ MM XLPE Cable Sealing Ends, Equipment Cable Pulling, laying. Termination and Testing. To do this, the plaintiff incurred costs of supervision or Administration of the project and hired a crane at the request of the defendants. It is contended by the plaintiff that while it fulfilled its obligations under the contract and raised invoices and credit notes a total of which is United states dollars 68,250.00, the defendants did not meet their obligation to pay. One Barack Odhuno (PWl) the country Manager of the plaintiff company testified in proof of how he followed up with the defendants for payment that never came. PWl tendered a number of e-mail print outs which evidence the fact that the defendants were in receipts of the plaintiff's invoice claiming payment of the said sum of USO 68,250.00. 2 / PWl testified how the plaintiff carried out the repair work by replacing cables using experts who had been hired from the United Kingdom. He stated that the plaintiff supplied the cables and installed them. Hearing proceeded ex-parte, the plaintiff having satisfied the court that service on the defendants had been effected through their last known address. The affidavit of the court process server was exhibited. The evidence of PWl and the exhibits tendered by him satisfy me that there was an unwritten agreement between the parties for supply of electric equipment by the plaintiff and that the said plaintiff later installed the said equipment. The internal e- mail communications within the office of the defendants whose print outs have been tendered in exhibit are proof of the acknowledgment on the defendants side that the plaintiff had in fact rendered the services and supplied the equipment. For the reasons discussed, ex parte judgment is entered in favour of the plaintiff with interest and costs as prayed. ~~' JUDGE 21/3/2017 3