TWIGA BANCORP LTD VS T COMM CASE NO

TWIGA BANCORP LTD VS T COMM CASE NO

Plaintiff failed to prove proper administration of letters of credit, existence of contract between plaintiff and 2nd defendant, and the alleged outstanding sum; suit dismissed for failure to discharge burden of proof.

Citation
TWIGA BANCORP LTD VS T COMM CASE NO
Parties
Plaintiff: Twiga Bancorp Ltd; 1st Defendant: Tanzania Pharmaceutical Industries Ltd; 2nd Defendant: Director General, Medical Stores Department; 3rd Defendant: Principal Secretary, Ministry of Health and Social Welfare; 4th Defendant: Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2013
Procedural Posture
Commercial Case / Final Judgment
Outcome
suit dismissed with costs
Legal Topics
Letters of Credit, Contract Formation, Breach of Contract, Burden of Proof
Source Language
English
Banking Commercial Law Contract Law Letters of Credit Contract Formation Breach of Contract Burden of Proof

Case Brief

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Parties

Twiga Bancorp Ltd

Plaintiff

Tanzania Pharmaceutical Industries Ltd

1st Defendant

Director General, Medical Stores Department

2nd Defendant

Principal Secretary, Ministry of Health and Social Welfare

3rd Defendant

Attorney General

4th Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff established letters of credit as requested by the 1st defendant
  2. 2 Whether the plaintiff properly administered the letters of credit as required by custom
  3. 3 Whether the plaintiff established letters of credit in reliance on any understanding by the 2nd defendant to pay sale proceeds through the plaintiff’s bank

Ratio Decidendi

Plaintiff failed to prove proper administration of letters of credit, existence of contract between plaintiff and 2nd defendant, and the alleged outstanding sum; suit dismissed for failure to discharge burden of proof.

Court Disposition

suit dismissed with costs

Orders

  • Suit dismissed with costs for failure of plaintiff to prove its case against defendants