tata africa holdings t ltd vs mohamed said mohamed another 2023 tzhc 23445 30 november 2023

The plaintiff proved the existence and breach of a sale agreement by the defendants, entitling the plaintiff to specific and general damages, interest, and costs as pleaded and evidenced.

Citation: tata africa holdings t ltd vs mohamed said mohamed another 2023 tzhc 23445 30 november 2023
Parties: Plaintiff: TATA AFRICA HOLDINGS(T) LTD; 1st Defendant: MOHAMED SAID MOHAMED; 2nd Defendant: SAID MOHAMED ZAID
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 November 2023
Procedural Posture: Civil / Ex Parte Judgment
Outcome: suit allowed
Legal Topics: Breach of Contract, Sale of Goods, Damages, Interest on Judgment Debt
Source Language: English

Contract Law Commercial Law Breach of Contract Sale of Goods Damages Interest on Judgment Debt

Case Brief

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Parties

TATA AFRICA HOLDINGS(T) LTD

Plaintiff

MOHAMED SAID MOHAMED

1st Defendant

SAID MOHAMED ZAID

2nd Defendant

Procedural Posture

Civil / Ex Parte Judgment

Legal Issues

1 Whether there was a sale agreement between the parties
2 Whether there was a breach of the sale agreement
3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff proved the existence and breach of a sale agreement by the defendants, entitling the plaintiff to specific and general damages, interest, and costs as pleaded and evidenced.

Court Disposition

suit allowed

Orders

Declaration that defendants breached the sale agreement
Defendants to pay plaintiff USD 147,709.69 as specific damages (USD 65,809 principal balance and USD 81,893.69 penalties)