20171129 TZHC Dar es Salaam

20171129 TZHC Dar es Salaam

There was no evidence of coercion; the plaintiff freely entered the lease agreement and accepted the supplied buses. The 2nd defendant fulfilled its supply obligations. The plaintiff breached the lease by defaulting on payments, but the 1st defendant's counterclaim for damages failed for lack of proof. The suit is...

Source-derived case information.

Citation
20171129 TZHC Dar es Salaam
Parties
Plaintiff: Sebastian Abdallah Msolla t/a Samtco Transport; 1st Defendant: Stanbic Bank Tanzania Limited; 2nd Defendant: GF Trucks & Equipment Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2017
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed with costs to the 1st and 2nd defendants. Counterclaim dismissed for lack of proof.
Legal Topics
Breach of Contract, Financial Lease, Supply of Goods, Counterclaim, Damages
Source Language
english
Contract Law Commercial Law Breach of Contract Financial Lease Supply of Goods Counterclaim Damages

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Summary, issues, holding and outcome

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Parties

Sebastian Abdallah Msolla t/a Samtco Transport

Plaintiff

Stanbic Bank Tanzania Limited

1st Defendant

GF Trucks & Equipment Limited

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the 1st defendant coerced the plaintiff into entering the supply agreement
  2. 2 Whether the 2nd defendant breached the supply agreement
  3. 3 Whether the plaintiff breached the agreement for lease as claimed in the counter claim

Ratio Decidendi

There was no evidence of coercion; the plaintiff freely entered the lease agreement and accepted the supplied buses. The 2nd defendant fulfilled its supply obligations. The plaintiff breached the lease by defaulting on payments, but the 1st defendant's counterclaim for damages failed for lack of proof. The suit is dismissed with costs to the defendants.

Court Disposition

Suit dismissed with costs to the 1st and 2nd defendants. Counterclaim dismissed for lack of proof.

Orders

  • Plaintiff's suit dismissed with costs.
  • Counterclaim by 1st defendant dismissed.