20150318 TZHC Dar es Salaam

20150318 TZHC Dar es Salaam

Defendants are not liable for refund of production risk deposit forfeited by manufacturer as they were not parties to the contract; plaintiff entitled to reduced miscellaneous expenses and general damages due to pecuniary loss from defendants' delay.

Citation
20150318 TZHC Dar es Salaam
Parties
Plaintiff: Rumisho Enterprises; 1st Defendant: Permanent Secretary Ministry of Defence & National Service; 2nd Defendant: Chief of Defence Forces Tanzania Peoples Defence Forces; 3rd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 March 2015
Procedural Posture
Civil Case / Judgment
Outcome
Judgment partly in favour of plaintiff with costs.
Legal Topics
Tender Award, Contractual Liability, Damages, Production Risk Deposit, General Damages
Source Language
English
Contract Law Tender Law Tender Award Contractual Liability Damages Production Risk Deposit General Damages

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Parties

Rumisho Enterprises

Plaintiff

Permanent Secretary Ministry of Defence & National Service

1st Defendant

Chief of Defence Forces Tanzania Peoples Defence Forces

2nd Defendant

Attorney General

3rd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Existence of contract between parties
  2. 2 Conditionality of tender award
  3. 3 Liability for contract with manufacturer

Ratio Decidendi

Defendants are not liable for refund of production risk deposit forfeited by manufacturer as they were not parties to the contract; plaintiff entitled to reduced miscellaneous expenses and general damages due to pecuniary loss from defendants' delay.

Court Disposition

Judgment partly in favour of plaintiff with costs.

Orders

  • Plaintiff awarded USD 5,000 for miscellaneous expenses.
  • Plaintiff awarded USD 15,000 as general damages.