samwel mgonja vs total tanzania ltd 2015 tzhccomd 25 24 november 2015

samwel mgonja vs total tanzania ltd 2015 tzhccomd 25 24 november 2015

The court found that there was a valid Marketing Licensing Agreement between the parties, and that the Defendant's suspension and termination of the Plaintiff's rights to operate the petrol station constituted a breach of contract, as the Defendant failed to substantiate claims of non-performance with credible evidence.

Citation
samwel mgonja vs total tanzania ltd 2015 tzhccomd 25 24 november 2015
Parties
Plaintiff: Samwel Mgonja; Defendant: Total Tanzania Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
24 November 2015
Procedural Posture
Commercial Case / Judgment
Outcome
Plaintiff's suit succeeds in part; Defendant found in breach of contract.
Legal Topics
Breach of Contract, Damages, Termination of Agreement
Source Language
English
Contract Law Commercial Law Breach of Contract Damages Termination of Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Samwel Mgonja

Plaintiff

Total Tanzania Ltd

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was a Marketing Licensing Agreement between the Plaintiff and Defendant
  2. 2 Whether the Defendant breached the terms and conditions of the Marketing Licence Agreement
  3. 3 Whether the Plaintiff suffered any damages as a result of the breach

Ratio Decidendi

The court found that there was a valid Marketing Licensing Agreement between the parties, and that the Defendant's suspension and termination of the Plaintiff's rights to operate the petrol station constituted a breach of contract, as the Defendant failed to substantiate claims of non-performance with credible evidence.

Court Disposition

Plaintiff's suit succeeds in part; Defendant found in breach of contract.

Orders

  • Declaration that the notice of suspension was illegal, null and void
  • Defendant to pay specific damages to the Plaintiff