The Plaintiff was a building contractor. Sometime in 2002 it was awarded a tender by the Revolutionary Government of Zanzibar to rehabilitate the Mtuhaliwa – Chake Road, in Pemba. To achieve this, it contacted the Defendant Company for the supply of bitumen. Upon failure of the Defendant to deliver the remainder of containers of bitumen within the agreed intervals the Plaintiff sued the Defendant in this matter the court had to consider many issues including formation of contract, terms and conditions of contract, consideration and damages.