shaykie co ltd vs organia ltd 2022 tzhccomd 314 3 october 2022

shaykie co ltd vs organia ltd 2022 tzhccomd 314 3 october 2022

The court found that the plaintiff had supplied goods to the defendant as claimed, supported by credible documentary evidence (delivery notes, purchase orders, invoices) and corroborated by witness testimony. The defendant's counterclaim of overpayment was not substantiated, as the forensic audit report's figures differed from those pleaded and allegations of fraud were not properly pleaded or proved. The plaintiff was entitled to special and general damages, interest, and costs.

Citation
shaykie co ltd vs organia ltd 2022 tzhccomd 314 3 october 2022
Parties
Plaintiff: Shaykie & Co. Limited; Defendant/counter Claimant: Organia Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 October 2022
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the plaintiff; counterclaim dismissed.
Legal Topics
Supply of Goods, Breach of Contract, Counterclaim, Damages, Evidence, Forensic Audit
Source Language
English
Contract Law Commercial Law Supply of Goods Breach of Contract Counterclaim Damages Evidence Forensic Audit

Case Brief

Summary, issues, holding and outcome

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Parties

Shaykie & Co. Limited

Plaintiff

Organia Limited

Defendant/counter Claimant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff complied with the agreement for the supply of products between 28th May 2016 and 23rd May 2017.
  2. 2 Whether the plaintiff supplied goods worth Tshs. 570,003,240 to the defendant.
  3. 3 Whether the plaintiff was overpaid Tshs. 773,549,121 as alleged in the counterclaim.

Ratio Decidendi

The court found that the plaintiff had supplied goods to the defendant as claimed, supported by credible documentary evidence (delivery notes, purchase orders, invoices) and corroborated by witness testimony. The defendant's counterclaim of overpayment was not substantiated, as the forensic audit report's figures differed from those pleaded and allegations of fraud were not properly pleaded or proved. The plaintiff was entitled to special and general damages, interest, and costs.

Court Disposition

Judgment for the plaintiff; counterclaim dismissed.

Orders

  • Defendant to pay plaintiff special damages of Tshs. 570,003,240.
  • Defendant to pay general damages of Tshs. 60,000,000.