19870129 TZHC Dar es Salaam

19870129 TZHC Dar es Salaam

There was a contract between the plaintiff and defendant for the supply of 93 head of cattle at TZS 6,300 per head. The plaintiff complied with the contractual conditions by submitting the cattle for veterinary inspection and obtaining movement permits. It was not the plaintiff's duty to treat the cattle; that was the responsibility of veterinary officers. The defendant acted as principal, not as agent for Lijombo village. By accepting delivery and making partial payment, the defendant is liable for the unpaid balance, interest, and costs.

Citation
19870129 TZHC Dar es Salaam
Parties
Plaintiff: Sandon S. Chacha; Defendant: Co-operative and Rural Development Bank
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 1987
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Sale of Goods, Agency, Delivery of Goods
Source Language
English
Contract Law Commercial Law Breach of Contract Sale of Goods Agency Delivery of Goods

Case Brief

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Parties

Sandon S. Chacha

Plaintiff

Co-operative and Rural Development Bank

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a contract between the plaintiff and defendant for the purchase of 93 head of cattle
  2. 2 What were the terms of the contract
  3. 3 Whether the plaintiff complied with the contractual conditions

Ratio Decidendi

There was a contract between the plaintiff and defendant for the supply of 93 head of cattle at TZS 6,300 per head. The plaintiff complied with the contractual conditions by submitting the cattle for veterinary inspection and obtaining movement permits. It was not the plaintiff's duty to treat the cattle; that was the responsibility of veterinary officers. The defendant acted as principal, not as agent for Lijombo village. By accepting delivery and making partial payment, the defendant is liable for the unpaid balance, interest, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay TZS 352,800 as unpaid balance for 56 head of cattle
  • Defendant to pay interest and costs as prayed in the plaint