saifi impex ltd vs arpadis chemicals nv 2 others and mg trade service india private ltd 2012 tzhccomd 33 19 october 2012

saifi impex ltd vs arpadis chemicals nv 2 others and mg trade service india private ltd 2012 tzhccomd 33 19 october 2012

The Plaintiff failed to establish the existence of a contract between itself and Arpadis Chemicals NV. The evidence showed the contract was between the Plaintiff and Unichem. There was no agency relationship established between Arpadis and Unichem. Therefore, Arpadis is not liable for any alleged breach, and the suit against Arpadis is dismissed.

Citation
saifi impex ltd vs arpadis chemicals nv 2 others and mg trade service india private ltd 2012 tzhccomd 33 19 october 2012
Parties
Plaintiff: SAIFI IMPEX LTD; 1st Defendant: ARPADIS CHEMICALS NV; 2nd Defendant: CRDB BANK PLC; Third Party: MG TRADE SERVICES (INDIA) PRIVATE LTD
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 October 2012
Procedural Posture
Commercial Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Agency, Breach of Contract, Privity of Contract
Source Language
English
Contract Law Commercial Law Agency Breach of Contract Privity of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

SAIFI IMPEX LTD

Plaintiff

ARPADIS CHEMICALS NV

1st Defendant

CRDB BANK PLC

2nd Defendant

MG TRADE SERVICES (INDIA) PRIVATE LTD

Third Party

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was an agreement between the Plaintiff and Defendant for the supply, sale and delivery of specified goods
  2. 2 Whether the Defendant failed to comply with the terms and conditions of the Agreement
  3. 3 Whether the Plaintiff suffered any damages from the Defendant's failure to comply with the terms and conditions of the Agreement

Ratio Decidendi

The Plaintiff failed to establish the existence of a contract between itself and Arpadis Chemicals NV. The evidence showed the contract was between the Plaintiff and Unichem. There was no agency relationship established between Arpadis and Unichem. Therefore, Arpadis is not liable for any alleged breach, and the suit against Arpadis is dismissed.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff's case dismissed with costs