20111028 TZHC Dar es Salaam

20111028 TZHC Dar es Salaam

The defendant fraudulently sold defective motor vehicles to the plaintiff, having knowledge of their defects and failing to disclose them. The vehicles were not roadworthy at delivery, constituting a breach of implied warranty under the Sale of Goods Act. The plaintiff did not breach any warranty regarding repairs, as repairs were conducted by the defendant's mechanics. The plaintiff is entitled to a refund of part of the purchase price, loss of earnings, maintenance costs, interest, and costs of the suit, but not to a refund of insurance premiums.

Citation
20111028 TZHC Dar es Salaam
Parties
Plaintiff: Leonard Msigwa; Defendant: Quality Group Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 October 2011
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff in part
Legal Topics
Fraudulent Misrepresentation, Implied Warranty, Sale of Goods, Breach of Contract, Remedies for Breach, Estoppel
Source Language
English
Contract Law Commercial Law Consumer Protection Fraudulent Misrepresentation Implied Warranty Sale of Goods Breach of Contract Remedies for Breach +1 more

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Parties

Leonard Msigwa

Plaintiff

Quality Group Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the vehicles TZG 8834 and TZG 9378 were roadworthy at the time of delivery to the plaintiff
  2. 2 Whether the vehicles were fraudulently sold by the defendant to the plaintiff
  3. 3 Whether the repairs made to the vehicles were in accordance with the agreement of sale dated 08/05/1995

Ratio Decidendi

The defendant fraudulently sold defective motor vehicles to the plaintiff, having knowledge of their defects and failing to disclose them. The vehicles were not roadworthy at delivery, constituting a breach of implied warranty under the Sale of Goods Act. The plaintiff did not breach any warranty regarding repairs, as repairs were conducted by the defendant's mechanics. The plaintiff is entitled to a refund of part of the purchase price, loss of earnings, maintenance costs, interest, and costs of the suit, but not to a refund of insurance premiums.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Refund of TZS 14,000,000 constituting 50% of the purchase price of the vehicles
  • Payment of TZS 2,000,000 per month as loss of earnings from May 1995 until the date of judgment