somochem limited vs super sip limited 2023 tzhccomd 306 8 september 2023

somochem limited vs super sip limited 2023 tzhccomd 306 8 september 2023

The plaintiff failed to prove on a balance of probabilities that the defendant was indebted in the claimed amount, as key invoices and delivery notes were unstamped and not corroborated by other evidence. The court found no breach of agreement and no outstanding liability by the defendant.

Source-derived case information.

Citation
somochem limited vs super sip limited 2023 tzhccomd 306 8 september 2023
Parties
Plaintiff: Somochem Limited; Defendant: Super Sip Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
8 September 2023
Procedural Posture
Commercial Case / Judgment
Outcome
Suit dismissed with costs to the defendant.
Legal Topics
Supply of Goods, Breach of Contract, Burden of Proof, Evidence in Commercial Disputes
Source Language
english
Contract Law Commercial Law Supply of Goods Breach of Contract Burden of Proof Evidence in Commercial Disputes

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Parties

Somochem Limited

Plaintiff

Super Sip Limited

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff supplied the agreed amount of chemical compounds to the defendant as ordered and if not whether there was breach of the agreement between two parties
  2. 2 Whether the defendant is indebted to the plaintiff and to what extent
  3. 3 To what reliefs are parties entitled

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the defendant was indebted in the claimed amount, as key invoices and delivery notes were unstamped and not corroborated by other evidence. The court found no breach of agreement and no outstanding liability by the defendant.

Court Disposition

Suit dismissed with costs to the defendant.

Orders

  • The suit is dismissed with costs to the defendant.