19980312 TZHC Tabora1

19980312 TZHC Tabora1

The respondents breached the contract by unilaterally ceasing work for nine days without consulting the appellant, justifying the appellant's engagement of other carpenters and entitling him to relief.

Citation
19980312 TZHC Tabora1
Parties
Appellant: Ally Msabaha; Respondent: Hamis Nrisho; Respondent: Hamis Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 March 1998
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed with costs
Legal Topics
Breach of Contract, Remedies for Breach, Contractor and Subcontractor Disputes
Source Language
English
Contract Law Breach of Contract Remedies for Breach Contractor and Subcontractor Disputes

Case Brief

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Parties

Ally Msabaha

Appellant

Hamis Nrisho

Respondent

Hamis Hussein

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant or the respondents breached the contract
  2. 2 Entitlement to return of advance payment and compensation for expenses

Ratio Decidendi

The respondents breached the contract by unilaterally ceasing work for nine days without consulting the appellant, justifying the appellant's engagement of other carpenters and entitling him to relief.

Court Disposition

appeal allowed with costs

Orders

  • Appeal allowed
  • Appellant awarded costs