CIVIL CASE NO

CIVIL CASE NO

There was a valid contract between the parties: an oral contract from July 2014 to September 2018 for 8 guards at TZS 220,000 per guard per month, and a written contract from October 2018 for 11 guards at TZS 300,000 per guard per month. The written contract was validly signed by the 1st defendant's representative. The plaintiff failed to prove an increase to 11 guards before October 2018. The defendants breached the contract by failing to pay the agreed sums. The plaintiff is entitled to the unpaid fees, payment for the notice period upon termination, general damages, interest at court rate, and costs.

Citation
CIVIL CASE NO
Parties
Plaintiff: Alpha Risk Management System Ltd; 1st Defendant: Stella Maris Mtwara University College; 2nd Defendant: St. Augustine University of Tanzania (SAUT)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Oral Contract, Written Contract, Breach of Contract, Security Services, Damages, Interest, Termination of Contract
Source Language
English
Contract Law Oral Contract Written Contract Breach of Contract Security Services Damages Interest Termination of Contract

Case Brief

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Parties

Alpha Risk Management System Ltd

Plaintiff

Stella Maris Mtwara University College

1st Defendant

St. Augustine University of Tanzania (SAUT)

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a valid contract between the plaintiff and the defendants
  2. 2 Whether there was breach of the said contract
  3. 3 Whether the claim of TZS 196,664,122/= against the defendants is valid

Ratio Decidendi

There was a valid contract between the parties: an oral contract from July 2014 to September 2018 for 8 guards at TZS 220,000 per guard per month, and a written contract from October 2018 for 11 guards at TZS 300,000 per guard per month. The written contract was validly signed by the 1st defendant's representative. The plaintiff failed to prove an increase to 11 guards before October 2018. The defendants breached the contract by failing to pay the agreed sums. The plaintiff is entitled to the unpaid fees, payment for the notice period upon termination, general damages, interest at court rate, and costs.

Court Disposition

judgment for the plaintiff

Orders

  • Defendants to pay TZS 65,720,000 as unpaid cost for security services provided.
  • Defendants to pay TZS 26,400,000 as compulsory payment for the remaining contractual price for the notice period.