20201023 TZHC Dar es Salaam

20201023 TZHC Dar es Salaam

Plaintiff lacked capacity to contract as clearing and forwarding agent due to absence of licence; services and payments were rendered directly between defendant and Ms. Aristepro Investment Company Limited; plaintiff failed to prove provision of services or entitlement to claimed sums; suit dismissed.

Citation
20201023 TZHC Dar es Salaam
Parties
Plaintiff: Multiple Logistics (T) Limited; Defendant: Golden Agricultural Commodities Private Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2020
Procedural Posture
Civil / Final Judgment
Outcome
suit dismissed with costs
Legal Topics
Breach of Contract, Capacity to Contract, Burden of Proof, Estoppel
Source Language
English
Contract Law Breach of Contract Capacity to Contract Burden of Proof Estoppel

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Parties

Multiple Logistics (T) Limited

Plaintiff

Golden Agricultural Commodities Private Ltd

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 What were the terms of the oral contract entered into by the parties in July 2016?
  2. 2 Did each party fully perform its obligations under the contract, and if not, was any loss suffered?
  3. 3 What reliefs are the parties entitled to?

Ratio Decidendi

Plaintiff lacked capacity to contract as clearing and forwarding agent due to absence of licence; services and payments were rendered directly between defendant and Ms. Aristepro Investment Company Limited; plaintiff failed to prove provision of services or entitlement to claimed sums; suit dismissed.

Court Disposition

suit dismissed with costs

Orders

  • plaintiff's suit dismissed with costs