ms planet business link vs chief of defence forces another 2011 tzhccomd 2038 15 july 2011

ms planet business link vs chief of defence forces another 2011 tzhccomd 2038 15 july 2011

The Plaintiff failed to prove on a balance of probabilities that it supplied the alleged goods to the 1st Defendant, as there was no documentary evidence such as invoices, delivery notes, or a written contract to substantiate the claim.

Citation
ms planet business link vs chief of defence forces another 2011 tzhccomd 2038 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
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 July 2011
Procedural Posture
Commercial Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Supply of Goods, Proof of Contract, Tender Procedures, Burden of Proof
Source Language
English
Contract Law Commercial Law Supply of Goods Proof of Contract Tender Procedures Burden of Proof

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 / Judgment

Legal Issues

  1. 1 Whether the Plaintiff supplied motor vehicle accessories and parts to the 1st Defendant
  2. 2 Whether the Plaintiff was contracted to supply the same
  3. 3 What was the value of the spares

Ratio Decidendi

The Plaintiff failed to prove on a balance of probabilities that it supplied the alleged goods to the 1st Defendant, as there was no documentary evidence such as invoices, delivery notes, or a written contract to substantiate the claim.

Court Disposition

Suit dismissed with costs

Orders

  • The suit is dismissed with costs.