20011119 TZCA 2001

20011119 TZCA 2001

There was no privity of contract between the Bank and the Garage; the contract remained between NIC and the Garage, and the Bank acted only as an agent for NIC to supervise repairs. The Bank was not entitled to sue on the contract for repairs. Judgment could properly be entered against Juma Garage in its trade name under Order 29 rule 10 of the Civil Procedure Code.

Citation
20011119 TZCA 2001
Parties
Respondent: Tanzania Rural Development Bank; Appellant: Juma Garage
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 November 2001
Procedural Posture
Civil Appeal / Appellate
Outcome
appeal allowed
Legal Topics
Privity of Contract, Agency, Damages, Trade Names
Source Language
English
Contract Law Civil Procedure Privity of Contract Agency Damages Trade Names

Case Brief

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Parties

Tanzania Rural Development Bank

Respondent

Juma Garage

Appellant

Procedural Posture

Civil Appeal / Appellate

Legal Issues

  1. 1 Whether there was privity of contract between the respondent Bank and the appellant Garage entitling the Bank to sue for breach of contract for repairs.
  2. 2 Whether the Bank was properly constituted as a party to the contract for repairs after the alleged termination by NIC.
  3. 3 Whether judgment could be entered against Juma Garage in its trade name.

Ratio Decidendi

There was no privity of contract between the Bank and the Garage; the contract remained between NIC and the Garage, and the Bank acted only as an agent for NIC to supervise repairs. The Bank was not entitled to sue on the contract for repairs. Judgment could properly be entered against Juma Garage in its trade name under Order 29 rule 10 of the Civil Procedure Code.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of the High Court set aside.
  • Appellant Garage to recover its costs.