20150818 TZHC Dar es Salaam

The plaintiff acted correctly on the 1st defendant's directive, suffered loss when the directive was reversed, but failed to mitigate loss; only part of the claimed damages is awarded, and the directive allowing jute bags is nullified, restoring compulsory use of sisal bags.

Citation: 20150818 TZHC Dar es Salaam
Parties: Plaintiff: TPM (1998) LTD; 1st Defendant: The Minister for Agriculture and Food Security; 2nd Defendant: The Honourable Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 August 2015
Procedural Posture: Civil / Judgment
Outcome: judgment for plaintiff in part
Legal Topics: Misrepresentation, Damages, Government Directives, Mitigation of Loss
Source Language: English

Contract Tort Misrepresentation Damages Government Directives Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

TPM (1998) LTD

Plaintiff

The Minister for Agriculture and Food Security

1st Defendant

The Honourable Attorney General

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff acted on the 1st defendant's directive that cashew nuts should be bagged in sisal bags
2 Whether the plaintiff was correct in doing so
3 Whether the 1st defendant was justified in reversing the directive and to what effect

Ratio Decidendi

Court Disposition

judgment for plaintiff in part

Orders

Plaintiff awarded Tshs 400,000,000/= with 12% interest per annum from date of judgment to full payment
Plaintiff's claim for Tshs 3 billion for loss on materials and factory closure denied