ramadhani mbwana vs tanroads another 2018 tzhc 25 20 february 2018

ramadhani mbwana vs tanroads another 2018 tzhc 25 20 february 2018

The plaintiff was proved to have absconded only one weighbridge (Mikese) and paid the required fees. The continued detention of the vehicles after payment was unlawful. The defendants' actions directly caused the rescission of the plaintiff's contract with GASHIVA COMPANY LTD, entitling the plaintiff to damages.

Citation
ramadhani mbwana vs tanroads another 2018 tzhc 25 20 february 2018
Parties
Plaintiff: Ramadhan Mbwana; 1st Defendant: TANROADS; 2nd Defendant: The Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 February 2018
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Detention of Property, Damages, Weighbridge Regulations
Source Language
English
Civil Law Contract Law Tort Law Breach of Contract Detention of Property Damages Weighbridge Regulations

Case Brief

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Parties

Ramadhan Mbwana

Plaintiff

TANROADS

1st Defendant

The Hon. Attorney General

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff absconded the two weigh bridges
  2. 2 Whether or not the plaintiff paid the amount required
  3. 3 Whether the said motor vehicle and its trailer were lawfully impounded and retained

Ratio Decidendi

The plaintiff was proved to have absconded only one weighbridge (Mikese) and paid the required fees. The continued detention of the vehicles after payment was unlawful. The defendants' actions directly caused the rescission of the plaintiff's contract with GASHIVA COMPANY LTD, entitling the plaintiff to damages.

Court Disposition

Judgment for the plaintiff

Orders

  • Immediate and unconditional release of the plaintiff's motor vehicles Reg. Nos. T. 283 AWJ and T.356 AWJ
  • Payment of USD 64,000 or its equivalent in Tanzanian shillings as damages for breach of contract