zanj spice limited vs zuri organics ltd and another 2023 tzhc 19416 31 july 2023

zanj spice limited vs zuri organics ltd and another 2023 tzhc 19416 31 july 2023

There was a valid and enforceable electronic contract between the plaintiff and the first defendant; the first defendant breached the contract by failing to deliver the goods after receiving advance payment; the plaintiff proved entitlement to refund of the advance and general damages, but failed to strictly prove other special damages claimed.

Citation
zanj spice limited vs zuri organics ltd and another 2023 tzhc 19416 31 july 2023
Parties
Plaintiff: ZANJ SPICE LIMITED; 1st Defendant: ZURI ORGANICS LIMITED; 2nd Defendant: EMANNUEL CALVIN GODLOVE MAFIE
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2023
Procedural Posture
Civil Case / Judgment After Ex Parte Hearing
Outcome
Judgment for the plaintiff against the first defendant; suit against the second defendant dismissed for lack of evidence of guarantee.
Legal Topics
Breach of Contract, Electronic Evidence, Damages, Sales of Goods
Source Language
English
Contract Law Commercial Law Breach of Contract Electronic Evidence Damages Sales of Goods

Case Brief

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Parties

ZANJ SPICE LIMITED

Plaintiff

ZURI ORGANICS LIMITED

1st Defendant

EMANNUEL CALVIN GODLOVE MAFIE

2nd Defendant

Procedural Posture

Civil Case / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether there was a contract between the plaintiff and the first defendant and guaranteed by the second defendant
  2. 2 Whether there was breach of that contract
  3. 3 Whether the plaintiff suffered damage out of the said breach

Ratio Decidendi

There was a valid and enforceable electronic contract between the plaintiff and the first defendant; the first defendant breached the contract by failing to deliver the goods after receiving advance payment; the plaintiff proved entitlement to refund of the advance and general damages, but failed to strictly prove other special damages claimed.

Court Disposition

Judgment for the plaintiff against the first defendant; suit against the second defendant dismissed for lack of evidence of guarantee.

Orders

  • First defendant to pay plaintiff Euro 22,400 (Tshs. 60,719,904) as refund of advance payment
  • First defendant to pay plaintiff Tshs. 40,000,000 as general damages