ms planet businesslink vs chief of defence force others 2011 tzhc 2179 15 july 2011

ms planet businesslink vs chief of defence force others 2011 tzhc 2179 15 july 2011

Plaintiff failed to prove on balance of probabilities that it supplied motor vehicle accessories and parts to the 1st Defendant, due to absence of documentary evidence (invoices, delivery notes, written contract) establishing delivery and contract. Contradictions in Plaintiff's evidence and consistent defence testimony support dismissal.

Citation
ms planet businesslink vs chief of defence force others 2011 tzhc 2179 15 july 2011
Parties
Plaintiff: M/S Planet Businesslink; 1st Defendant: Chief of Defence Forces; 2nd Defendant: Permanent Secretary, Ministry of Defence & National Service; Necessary Party: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 July 2011
Procedural Posture
Commercial Case / Final Judgment
Outcome
suit dismissed with costs
Legal Topics
Supply of Goods, Proof of Contract, Documentary Evidence, Government Procurement
Source Language
English
Contract Law Commercial Law Supply of Goods Proof of Contract Documentary Evidence Government Procurement

Case Brief

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Parties

M/S Planet Businesslink

Plaintiff

Chief of Defence Forces

1st Defendant

Permanent Secretary, Ministry of Defence & National Service

2nd Defendant

The Hon. Attorney General

Necessary Party

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff supplied motor vehicle accessories and parts to the 1st defendant
  2. 2 Whether the plaintiff's company was contracted to supply the same
  3. 3 What was the value of the spares

Ratio Decidendi

Plaintiff failed to prove on balance of probabilities that it supplied motor vehicle accessories and parts to the 1st Defendant, due to absence of documentary evidence (invoices, delivery notes, written contract) establishing delivery and contract. Contradictions in Plaintiff's evidence and consistent defence testimony support dismissal.

Court Disposition

suit dismissed with costs

Orders

  • suit dismissed
  • plaintiff to pay costs