tansino quarries ltd another vs advent construction ltd another 2022 tzhccomd 311 30 september 2022

tansino quarries ltd another vs advent construction ltd another 2022 tzhccomd 311 30 september 2022

The Plaintiffs established, on a preponderance of probabilities, that the Defendant owed Tshs. 113,302,500/= for supplied aggregates and transport services under an implied contract, and that no valid cash payments were made to the 3rd party on behalf of the Plaintiffs. The Defendant's partial payments and the...

Source-derived case information.

Citation
tansino quarries ltd another vs advent construction ltd another 2022 tzhccomd 311 30 september 2022
Parties
Plaintiff: Tansino Quarries Limited; Plaintiff: XYZ Transport Limited; Defendant: Advent Construction Limited; Third Party: Xinxin Qiu alias Radha Qiu
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Commercial / Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Implied Contracts, Outstanding Payments, Commercial Transactions, Burden of Proof, Interest on Debts
Source Language
english
Contract Law Commercial Law Implied Contracts Outstanding Payments Commercial Transactions Burden of Proof Interest on Debts

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Parties

Tansino Quarries Limited

Plaintiff

XYZ Transport Limited

Plaintiff

Advent Construction Limited

Defendant

Xinxin Qiu alias Radha Qiu

Third Party

Procedural Posture

Commercial / Judgment

Legal Issues

  1. 1 What was the contract sum agreed by the parties?
  2. 2 Whether the Plaintiffs are entitled to the balance of Tshs. 113,302,500/- claimed?
  3. 3 Whether the 3rd party received the claimed amount in relation to the transaction and if so, whether it was received on behalf of the Plaintiffs?

Ratio Decidendi

The Plaintiffs established, on a preponderance of probabilities, that the Defendant owed Tshs. 113,302,500/= for supplied aggregates and transport services under an implied contract, and that no valid cash payments were made to the 3rd party on behalf of the Plaintiffs. The Defendant's partial payments and the dishonored cheque were insufficient to discharge the debt. The Plaintiffs are entitled to the outstanding sum, interest as claimed, and costs, but not to general damages due to lack of evidence.

Court Disposition

judgment for the plaintiffs

Orders

  • Defendant to pay Tshs. 113,300,500/= (Tshs. 16,572,500 to the 1st Plaintiff for aggregates and Tshs. 96,730,000 to the 2nd Plaintiff for transport services)
  • Defendant to pay interest at 15% per month on the specific amounts from 24th August 2020 to the date of judgment