20150519 TZHC Dar es Salaam

20150519 TZHC Dar es Salaam

The 1st defendant is liable for the plaintiff's claim as he admitted to conducting business with the plaintiff's manager and issued cheques for the outstanding amount, which were dishonoured. There is no evidence the 2nd defendant is vicariously liable as the 1st defendant was not its employee or director.

Citation
20150519 TZHC Dar es Salaam
Parties
Plaintiff: Mansoor Industries Ltd.; 1st Defendant: Abdallah Mbaraka Nahdi; 2nd Defendant: Kidodi Sugar Estate Co Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 May 2015
Procedural Posture
Civil / Judgment
Outcome
Suit against the 2nd defendant dismissed; judgment entered for the plaintiff against the 1st defendant.
Legal Topics
Breach of Contract, Vicarious Liability, Dishonoured Cheques, Money Claim
Source Language
English
Contract Law Commercial Law Breach of Contract Vicarious Liability Dishonoured Cheques Money Claim

Case Brief

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Parties

Mansoor Industries Ltd.

Plaintiff

Abdallah Mbaraka Nahdi

1st Defendant

Kidodi Sugar Estate Co Ltd

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1st defendant entered into agreement with the plaintiff to purchase petroleum products on credit basis.
  2. 2 Whether the 1st defendant was CEO of Afritrans Ltd as well as Director of the 2nd defendant company.
  3. 3 Whether the 1st defendant issued dishonoured cheques before or after his arrest by police.

Ratio Decidendi

The 1st defendant is liable for the plaintiff's claim as he admitted to conducting business with the plaintiff's manager and issued cheques for the outstanding amount, which were dishonoured. There is no evidence the 2nd defendant is vicariously liable as the 1st defendant was not its employee or director.

Court Disposition

Suit against the 2nd defendant dismissed; judgment entered for the plaintiff against the 1st defendant.

Orders

  • The 1st defendant to pay the plaintiff Tshs 306,943,000/=