nas tyre services ltd vs ukod international co ltd 3 others 2023 tzhccomd 362 3 november 2023

nas tyre services ltd vs ukod international co ltd 3 others 2023 tzhccomd 362 3 november 2023

The court found that the conduct of the 1st defendant in making payments to the plaintiff's account evidenced a business relationship and contract for supply of goods; the defendants breached the contract by failing to pay for supplied goods within the agreed time; the plaintiff is entitled to the principal sum, commercial interest at 10% per annum from filing to judgment, court interest at 7% per annum from judgment to payment, general damages, and costs.

Citation
nas tyre services ltd vs ukod international co ltd 3 others 2023 tzhccomd 362 3 november 2023
Parties
Plaintiff: NAS Tyre Services Limited; 1st Defendant: Ukod International Company Limited; 2nd Defendant: Jama Ibrahim Moalim; 3rd Defendant: Ahmed Abdallah Hassan; 4th Defendant: Kasim Ali Abdirahman
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 November 2023
Procedural Posture
Commercial Case / Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Commercial Debt Recovery, Interest on Commercial Debts, General Damages
Source Language
English
Contract Law Commercial Law Breach of Contract Commercial Debt Recovery Interest on Commercial Debts General Damages

Case Brief

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Parties

NAS Tyre Services Limited

Plaintiff

Ukod International Company Limited

1st Defendant

Jama Ibrahim Moalim

2nd Defendant

Ahmed Abdallah Hassan

3rd Defendant

Kasim Ali Abdirahman

4th Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was a valid contract for supply of goods between the plaintiff and the defendants
  2. 2 Whether the defendants breached the contract for supply of goods
  3. 3 To what extent are the defendants indebted to the plaintiff

Ratio Decidendi

The court found that the conduct of the 1st defendant in making payments to the plaintiff's account evidenced a business relationship and contract for supply of goods; the defendants breached the contract by failing to pay for supplied goods within the agreed time; the plaintiff is entitled to the principal sum, commercial interest at 10% per annum from filing to judgment, court interest at 7% per annum from judgment to payment, general damages, and costs.

Court Disposition

judgment for plaintiff

Orders

  • Defendants to jointly pay TZS 287,530,600 to plaintiff
  • Defendants to pay commercial rate interest of 10% per annum on principal from date of suit to date of judgment