JULIAS THOMAS

JULIAS THOMAS

The plaintiff supplied crops to the defendants as evidenced by receipts and a written agreement. The defendants failed to pay the outstanding amount despite admitting liability in a settlement agreement. The plaintiff proved the claim for the outstanding sum and general damages, but failed to strictly prove the claimed loss of profit. The court awarded the outstanding sum, general damages, interest, and costs.

Citation
JULIAS THOMAS
Parties
Plaintiff: Julius Thomas Marwa; 1st Defendant: Mushie Group of Companies (T) Limited; 2nd Defendant: Sisi Multibiz Limited; 3rd Defendant: Nicolaus John Mushi; 4th Defendant: Kalvar Paterl
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1983
Procedural Posture
Civil Case / Ex Parte Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Supply of Goods, Outstanding Payments, General Damages, Interest on Judgment Debt
Source Language
English
Contract Law Commercial Law Breach of Contract Supply of Goods Outstanding Payments General Damages Interest on Judgment Debt

Case Brief

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Parties

Julius Thomas Marwa

Plaintiff

Mushie Group of Companies (T) Limited

1st Defendant

Sisi Multibiz Limited

2nd Defendant

Nicolaus John Mushi

3rd Defendant

Kalvar Paterl

4th Defendant

Procedural Posture

Civil Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether the plaintiff supplied crops to the defendants amounting to Tsh. 2,193,046,600
  2. 2 Whether the plaintiff is owed Tsh. 1,046,218,450 by the defendants
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff supplied crops to the defendants as evidenced by receipts and a written agreement. The defendants failed to pay the outstanding amount despite admitting liability in a settlement agreement. The plaintiff proved the claim for the outstanding sum and general damages, but failed to strictly prove the claimed loss of profit. The court awarded the outstanding sum, general damages, interest, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay Tsh. 1,046,218,450 as unpaid outstanding amount for crops supplied
  • Defendants to pay general damages of Tsh. 100,000,000