19881011 TZHC Dar es Salaam

The defendant breached the contract, but specific performance is not justified due to lack of equity and justice in the circumstances. Damages are sufficient compensation.

Citation: 19881011 TZHC Dar es Salaam
Parties: Plaintiff: Ahmed Suleiman; Defendant: George T. Moyo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 October 1988
Procedural Posture: Civil Suit / Judgment
Outcome: Plaintiff's claim for specific performance and injunctions denied; damages awarded.
Legal Topics: Specific Performance, Breach of Contract, Sale of Land, Damages, Injunction
Source Language: English

Contract Law Property Law Specific Performance Breach of Contract Sale of Land Damages Injunction

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Parties

Ahmed Suleiman

Plaintiff

George T. Moyo

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

1 Whether the defendant breached the contract for sale of land
2 Whether the plaintiff is entitled to specific performance or damages
3 Whether injunctions should be granted against the defendant

Ratio Decidendi

The defendant breached the contract, but specific performance is not justified due to lack of equity and justice in the circumstances. Damages are sufficient compensation.

Court Disposition

Plaintiff's claim for specific performance and injunctions denied; damages awarded.

Orders

Defendant to refund shs. 500,000/= to plaintiff within seven days with interest at Court's rate from payment date until fully paid.
Plaintiff awarded taxed costs.