abg african link traders ltd vs jitegemee trading co ltd another 2019 tzhc 105 29 october 2019

abg african link traders ltd vs jitegemee trading co ltd another 2019 tzhc 105 29 october 2019

The 1st defendant breached the lease agreement by executing it for industrial development on land designated as farm, delaying provision of title deed, failing to appoint a valuer, and unlawfully evicting the plaintiff. Plaintiff entitled to partial refund and damages; defendant entitled to rent due after grace period.

Citation
abg african link traders ltd vs jitegemee trading co ltd another 2019 tzhc 105 29 october 2019
Parties
Plaintiff: ABG African Link Traders Limited; 1st Defendant: Jitegemee Trading Company Limited; 2nd Defendant: YONO Auction Mart 4 Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2019
Procedural Posture
Land Case / Final Judgment
Outcome
Suit granted in part
Legal Topics
Lease Agreement, Breach of Contract, Unlawful Eviction, Damages, Environmental Compliance
Source Language
English
Land Law Contract Law Lease Agreement Breach of Contract Unlawful Eviction Damages Environmental Compliance

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Parties

ABG African Link Traders Limited

Plaintiff

Jitegemee Trading Company Limited

1st Defendant

YONO Auction Mart 4 Company Limited

2nd Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Key terms of the lease agreement
  2. 2 Breach of agreed terms
  3. 3 Lawfulness of eviction

Ratio Decidendi

The 1st defendant breached the lease agreement by executing it for industrial development on land designated as farm, delaying provision of title deed, failing to appoint a valuer, and unlawfully evicting the plaintiff. Plaintiff entitled to partial refund and damages; defendant entitled to rent due after grace period.

Court Disposition

Suit granted in part

Orders

  • 1st defendant's eviction of plaintiff declared unlawful
  • 1st defendant to refund plaintiff USD 176,000 in TZS