A DANISH company, which deals with importation and distribution of agricultural equipment, Dabs Limited, has filed a suit before the Kinondoni District Court in Dar es Salaam against Yono Auction Mart Co.Limited, demanding about 200m/-for alleged illegal confiscation of its properties.
In the suit, Dabs Limited, the plaintiff is seeking orders requiring Yono Auction Mart, the defendant, to return all the products or equipment taken from the premises or in the alternative to pay 150m/- being the sale price of the products in question.
The plaintiff company further requests the court to order the defendant to pay them 20m/- being special damages suffered and a further 30m/- being general damages and anguish caused.
Through Alpha and Associates Attorneys (Advocates), the plaintiff in the suit, states that on September 20, 2017, the defendant company trespassed into the company’s premises located at Wazo Hill Tegeta in Kinondoni District.
It is alleged that the defendant unlawfully, unreasonable and without any colour of rights invaded the company’s premises and forcefully took away all equipment, which were for sale and were imported from Denmark in the name of the company and were cleared according to the relevant laws.
Such equipmentse included Hard Boom Sprayers, Subsoil Maschio, ADF 4 disc discplaug Maschio, Sauro 400 GCP 3 ways, Boom Sprayer Maschio, Zeno Fertiliser Maschio Gasprado, Tractors Massey Ferguson, Vejhovle Fransgaard GT, Fronloader, Kongskilde Cultivator and Seed Machine Sugar Beet Seeder.
It is stated that officers of the company notified the defendant on the trespass and the effect thereof, but the defendant to the reasons best known to him allegedly ignored the plaintiff and proceeded to take all the said equipments.
Due to the defendant’s acts, the plaintiff’s business has been badly affected due to the fact that the customers were total discouraged. This resulted in the company’s closure of business as all the products are in the defendant’s hands and there is no business circulation.
In its written statement of defence, however, the defendant company, through Upright Attorneys, has raised five grounds of objection, seeking dismissal of the suit. Among such grounds include that the plaintiff has no cause of action against the defendant.
It is stated that the court has no jurisdiction to determine tax matters and the suit is defective for non-joinder of the disclosed principal.
The defendant further states that the plaint has been lodged in contravention of some provisions under the Civil Procedure
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