20140331 TZHC Dar es Salaam

20140331 TZHC Dar es Salaam

There was no contractual relationship, express or implied, between the plaintiff and the defendants for facilitation of purchase of helicopters. The plaintiff acted as agent for Eurocopter and the financier, not for the defendants. Consequently, there was no breach of contract by the defendants, and the plaintiff is not entitled to the claimed reliefs.

Citation
20140331 TZHC Dar es Salaam
Parties
Plaintiff: Khaisa Enterprises Ltd; 1st Defendant: The Principal Secretary, Ministry of Defence and National Service; 2nd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2014
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed with costs.
Legal Topics
Agency, Privity of Contract, Breach of Contract, Damages, Government Tenders
Source Language
English
Contract Law Government Procurement Agency Privity of Contract Breach of Contract Damages Government Tenders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Khaisa Enterprises Ltd

Plaintiff

The Principal Secretary, Ministry of Defence and National Service

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether there was a contractual relationship between the plaintiff and the defendants for facilitation of purchase of helicopters.
  2. 2 Whether there was a breach of contract by the defendants.
  3. 3 Whether the plaintiff suffered loss as a result of the alleged breach.

Ratio Decidendi

There was no contractual relationship, express or implied, between the plaintiff and the defendants for facilitation of purchase of helicopters. The plaintiff acted as agent for Eurocopter and the financier, not for the defendants. Consequently, there was no breach of contract by the defendants, and the plaintiff is not entitled to the claimed reliefs.

Court Disposition

Suit dismissed with costs.