The High Court held that Tanzania Ports Authority breached a construction contract by failing to pay an outstanding balance after completion and awarded partial relief.
The Plaintiffs established, on a preponderance of probabilities, that the Defendant owed Tshs. 113,302,500/= for supplied aggregates and transport services under an implied contract, and that no valid cash payments were made to the 3rd party on behalf of the Plaintiffs. The Defendant's partial payments and the dishonored cheque were insufficient to discharge the debt. The Plaintiffs are entitled to the outstanding sum, interest as claimed, and costs, but not to general damages due to lack of evidence.
There existed valid contracts between the parties for the sale of motor vehicles, the plaintiff delivered the vehicles, and the defendant failed to pay the outstanding balance, constituting a breach of contract. The plaintiff is entitled to the outstanding sum, interest, general damages, and costs.
The High Court held that the defendant owed the plaintiff Tshs. 194,996,000 for unpaid security services and awarded general damages, interest from judgment, and costs.
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.
The plaintiff proved, through documentary evidence and uncontroverted testimony, that the defendant owed Tshs. 194,996,000 for security services rendered at the time of contract termination. The defendant failed to produce evidence of payment or to disprove the claim. The plaintiff is entitled to the principal sum, general damages, interest at court rate from judgment, and costs.
The High Court dismissed a supplier’s claim for unpaid hire charges and the port authority’s counterclaim for licence fees, finding neither side proved its case.
The High Court held the defendants liable for USD 476,135 under a termination agreement and cheque, finding their tax and reconciliation defenses unsupported.