Tanzania Case Law

GLENCORE INTERNATIONAL AG VS T INTERNATIONAL CONTAINER TERMINAL SERVICES LTD COMM CASE NO

Court

TANZLII

The defendant received the six containers as evidenced by Equipment Interchange Receipts and invoices, but failed to load them onto the vessels, resulting in their loss. The defendant's failure to exercise proper care constituted a breach of contract, making it liable for the value of the lost cargo and general damages. The plaintiff, having been indemnified by its insurer and acting under subrogation, is entitled to recover the claimed amount and damages from the defendant.

Source excerpt

• Breach of contract
• Subrogation
• Carriage of goods by sea
• Negligence
• Damages

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t ports authority vs ms diamond motors ltd another 2011 tzhccomd 2069 18 april 2011

Court

TZHCCOMD

The High Court rejected a third party notice for failing to disclose a cause of action, but dismissed a timeliness objection under the Carriage of Goods by Sea Act.

• Preliminary objection
• Limitation of actions
• Agency law
• Privity of contract
• Carriage of goods by sea
• Preliminary-objection

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said salim bhakhresa co ltd vs master of mv denler premier dsm port another 2004 tzhccomd 68 24 september 2004

Court

TZHCCOMD

The High Court struck out a commercial interim-injunction application over MV Denler Premier for being brought under the wrong procedure and for failing to meet attachment-before-judgment requirements.

• Interim injunctions
• Attachment before judgment
• Wrong citation of law
• Carriage of goods by sea
• Damages for cargo loss
• Attachment-before-judgment

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20040924 TZHC Dar es Salaam 1

Court

TZHC

The application was incompetent due to citation of the wrong provision of law (Order 37 instead of Order 36 CPC), and even if the correct provision had been cited, the prerequisites for attachment before judgment were not met as there was no evidence of intent to obstruct or delay execution by removal or disposal of property. The ship's departure was in the normal course of business and did not amount to such intent.

Source excerpt

• Interlocutory injunctions
• Attachment before judgment
• Wrong citation of law
• Carriage of goods by sea
• Jurisdictional objections

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19981030 TZHC Dar es Salaam

Court

TZHC

The High Court held that a foreign-law clause did not oust its jurisdiction and that limitation issues were triable, dismissing preliminary objections.

• Jurisdiction
• Limitation period
• Choice of law
• Carriage of goods by sea
• Choice-of-law
• Limitation-period

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