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Tanzania decisions
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An agent who is not a signatory to an arbitration agreement between its principal and a third party is not bound by that arbitration agreement; thus, the dispute between the petitioner and the respondent is not arbitrable between them.
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The High Court allowed the second appeal, held the appellant was a bona fide purchaser of the motor vehicle, and set aside the lower court decisions.
The Court of Appeal set aside general damages, holding the agency arrangement was temporary, merged into the lease, and both had expired before suit.
Southcomm East Africa Limited had no express authority from its principal to institute the suit or enforce the contract; thus, it lacked locus standi. Tanzania Liquid Storage Company Limited proved on a balance of probabilities that Best Tigra Industries Limited owed it USD 124,792.93 for storage services, supported by uncontested invoices, delivery notes, and payment records.
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The suit was instituted and pursued by an agent without filing the original or certified copy of the Power of Attorney in court, contravening Order III Rule 6(2) of the Civil Procedure Code, rendering the plaint legally improper and prejudicial to defendants.
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Southcomm East Africa Limited lacked express authority from its principal to institute the suit or enforce the sale contract, and was not a party to the relevant agreements; thus, it had no locus standi and its claims were dismissed. Tanzania Liquid Storage Company Limited proved, on a balance of probabilities, that it provided storage services to Best Tigra Industries Limited, which failed to pay outstanding charges, and is entitled to payment with interest and costs.
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The respondent failed to prove on a balance of probabilities the quantity of cashewnuts delivered or purchased, failed to prove purchase on credit or payment of storage charges, and was not entitled to both salary and commission. The trial court erred in awarding unproven claims and in not resolving the counter-claim. Reasonable remuneration is limited to the admitted salary for days worked.
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The respondent failed to prove on a balance of probabilities the quantity of cashewnuts delivered or purchased, failed to prove purchase on credit or entitlement to the claimed amount, failed to prove payment of storage charges, and was not entitled to both salary and commission. The trial court erred in granting the claims without sufficient evidence and in not resolving the counter-claim. Reasonable remuneration is limited to the admitted salary for days worked.
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The High Court of Tanzania awarded TTCL TShs.23,431,475.80 after finding the defendants failed to remit revenue collected under an agency agreement.
Defendant admitted liability for the sum claimed; no sufficient reason was shown for payment by instalments; judgment entered for Plaintiff for the full amount with interest and costs.
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