shabbir moosa vs inchcape shipping services another 2016 tzhc 2031 26 may 2016

shabbir moosa vs inchcape shipping services another 2016 tzhc 2031 26 may 2016

The plaintiff was required to present the original Bill of Lading to the 1st defendant for clearance but failed to do so. There was no sufficient evidence of fraud or collusion by the defendants. The plaintiff's failure to comply with the required procedure and to act on TRA's advice led to the loss of the goods, not any actionable conduct by the defendants.

Citation
shabbir moosa vs inchcape shipping services another 2016 tzhc 2031 26 may 2016
Parties
Plaintiff: Shabbir M O O S A; 1st Defendant: Inchcape Shipping Services; 2nd Defendant: Tanzania International Container Terminal Services (TICTS)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 May 2016
Procedural Posture
Commercial Case / Judgment
Outcome
Suit dismissed
Legal Topics
Bill of Lading, Carriage of Goods, Breach of Contract, Fraud, Auction of Goods
Source Language
English
Commercial Law Contract Law Bill of Lading Carriage of Goods Breach of Contract Fraud Auction of Goods

Case Brief

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Parties

Shabbir M O O S A

Plaintiff

Inchcape Shipping Services

1st Defendant

Tanzania International Container Terminal Services (TICTS)

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff was supposed, and did present to the 1st Defendant the Original Bill of Lading for clearance of the goods
  2. 2 Whether the plaintiff has a claim against the defendants
  3. 3 To what reliefs, if any, are the parties entitled

Ratio Decidendi

The plaintiff was required to present the original Bill of Lading to the 1st defendant for clearance but failed to do so. There was no sufficient evidence of fraud or collusion by the defendants. The plaintiff's failure to comply with the required procedure and to act on TRA's advice led to the loss of the goods, not any actionable conduct by the defendants.

Court Disposition

Suit dismissed

Orders

  • Plaintiff's claims are dismissed
  • No reliefs granted to the plaintiff