t breweries ltd vs marishamu kimaro another 2009 tzhccomd 7 23 march 2009

t breweries ltd vs marishamu kimaro another 2009 tzhccomd 7 23 march 2009

The 1st and 2nd defendants are jointly and severally liable for the dishonoured cheques as the corporate veil is lifted due to lack of proof of the 2nd defendant's corporate existence and the 1st defendant's conduct. The plaintiff is entitled to the principal sum and simple interest at 15% per annum from the due date to the date of filing, and 7% court interest thereafter. No general damages or compound interest are awarded. The counterclaim fails as no implied contract or entitlement to the discount is established.

Citation
t breweries ltd vs marishamu kimaro another 2009 tzhccomd 7 23 march 2009
Parties
Plaintiff: Tanzania Breweries Limited; 1st Defendant: Marishamu Kimario; 2nd Defendant: Marishamu Kimario Associates Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 March 2009
Procedural Posture
Commercial Case / Judgment
Outcome
Plaintiff's claim allowed; counterclaim dismissed.
Legal Topics
Dishonoured Cheques, Corporate Veil, Implied Contracts, Interest on Debt, Counterclaim, Damages
Source Language
English
Commercial Law Contract Law Company Law Dishonoured Cheques Corporate Veil Implied Contracts Interest on Debt Counterclaim +1 more

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Parties

Tanzania Breweries Limited

Plaintiff

Marishamu Kimario

1st Defendant

Marishamu Kimario Associates Ltd

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the 1st defendant is liable for dishonoured cheques
  2. 2 Whether the plaintiff is entitled to general damages due to dishonoured cheques
  3. 3 Whether the plaintiff is entitled to compound interest on the debt

Ratio Decidendi

The 1st and 2nd defendants are jointly and severally liable for the dishonoured cheques as the corporate veil is lifted due to lack of proof of the 2nd defendant's corporate existence and the 1st defendant's conduct. The plaintiff is entitled to the principal sum and simple interest at 15% per annum from the due date to the date of filing, and 7% court interest thereafter. No general damages or compound interest are awarded. The counterclaim fails as no implied contract or entitlement to the discount is established.

Court Disposition

Plaintiff's claim allowed; counterclaim dismissed.

Orders

  • 1st and 2nd defendants jointly and severally to pay TZS 41,453,800 to plaintiff.
  • Interest at 15% per annum on principal from due date to date of filing.