ramadhan mbwana vs tan roads ag 2018 tzhc 2316 20 february 2018

ramadhan mbwana vs tan roads ag 2018 tzhc 2316 20 february 2018

The plaintiff was proved to have absconded only Mikese weighbridge and paid the required fees. Further retention of the vehicles after payment was unlawful. The defendants' actions caused the rescission of the contract with GASHIVA COMPANY LTD, making them liable for damages.

Citation
ramadhan mbwana vs tan roads ag 2018 tzhc 2316 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
Unlawful Detention of Property, Breach of Contract, Damages, Weighbridge Regulations
Source Language
English
Civil Procedure Contract Law Tort Law Unlawful Detention of Property Breach of Contract 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 the plaintiff paid the required amount
  3. 3 Whether the motor vehicle and trailer were lawfully impounded and retained

Ratio Decidendi

The plaintiff was proved to have absconded only Mikese weighbridge and paid the required fees. Further retention of the vehicles after payment was unlawful. The defendants' actions caused the rescission of the contract with GASHIVA COMPANY LTD, making them liable for 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