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The court found that the conduct of the parties, issuance of invoice, and payment into the respondent's account established a valid contract of sale between the appellant and respondent. The respondent breached the contract by delivering a defective vehicle, entitling the appellant to replacement and general damages.
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Ex parte judgment finding breach of a motor-vehicle sale agreement and awarding the plaintiff USD 176,616, TZS 10,000,000, and costs.
Respondent failed to prove entitlement to full claimed amounts; only Tshs. 1,100,000/- (comprising unpaid debt, machine hire fees, and value of scale) was established. Oral agreement for sale of machine raised as counterclaim during defence, respondent not heard, thus validity and payments under that agreement to be determined afresh by competent court.
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The appeal is dismissed because the alleged irregularities in the trial court’s record were not substantiated, court records are presumed authentic, and the evidence presented by the appellant was contradictory and insufficient to prove the claim that the machines were defective at the time of sale.
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The engine failure, though unfortunate, was a mechanical defect covered by the manufacturer's warranty and did not constitute a breach of contract. The vehicle supplied was brand new as contemplated by the parties, and the appellant fulfilled its obligations by replacing the engine under warranty. The trial court erred in finding a breach and awarding general damages.
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The appeal was filed within the prescribed time as the period awaiting the decree is excluded by law. Although certain exhibits were improperly admitted and expunged, the remaining oral and documentary evidence was sufficient to prove the case on the balance of probabilities. The failure to join the 2nd appellant as a necessary party in the first appellate court was a material omission. The decision of the first appellate court is quashed and the trial court's decision is restored with costs.
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The omission to file Kiswahili translations of English pleadings in matters involving finance and monetary affairs is not fatal where both parties are represented, all documents are in English, and no prejudice is caused to the defendant. The Commercial Court Rules and the Schedule to GN No. 66 of 2022 permit use of English in such cases.
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Applicant established a prima facie case and the balance of convenience favors her, but the alleged loss is compensable in monetary terms and does not amount to irreparable injury. Therefore, the appropriate order is to maintain the status quo pending the main suit.
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Ex parte judgment for breach of a motor vehicle sale agreement, awarding specific damages, general damages, interest, and costs against both defendants.
The High Court partly allowed a second appeal over a car sale dispute, holding the buyer could not keep the car and also recover the advance payment.
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