khaisa enterprises ltd vs principal secretary ministry of defence and national service another 2019 tzca 613 21 june 2019

khaisa enterprises ltd vs principal secretary ministry of defence and national service another 2019 tzca 613 21 june 2019

There was no contractual relationship, express or implied, between the appellant and the first respondent, as the correspondence constituted only an invitation to treat and no offer was accepted; the appellant's consultancy relationship was with Eurocopter, not the respondents, and thus no claim for breach or damages could be sustained against the respondents.

Citation
khaisa enterprises ltd vs principal secretary ministry of defence and national service another 2019 tzca 613 21 june 2019
Parties
Appellant: Khaisa Enterprises Limited; 1st Respondent: The Principal Secretary, Ministry of Defence and National Service; 2nd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 June 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Existence of Contract, Agency, Consultancy Agreements, Damages for Breach of Contract, Invitation to Treat
Source Language
English
Contract Law Civil Procedure Existence of Contract Agency Consultancy Agreements Damages for Breach of Contract Invitation to Treat

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Parties

Khaisa Enterprises Limited

Appellant

The Principal Secretary, Ministry of Defence and National Service

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was a contractual relationship, express or implied, between the appellant and the first respondent
  2. 2 Whether the appellant suffered damages as a result of the first respondent's actions

Ratio Decidendi

There was no contractual relationship, express or implied, between the appellant and the first respondent, as the correspondence constituted only an invitation to treat and no offer was accepted; the appellant's consultancy relationship was with Eurocopter, not the respondents, and thus no claim for breach or damages could be sustained against the respondents.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Respondents awarded costs