bama building contractors vs lewico co ltd 2024 tzhc 265 9 february 2024

bama building contractors vs lewico co ltd 2024 tzhc 265 9 february 2024

The respondent failed to prove breach of contract by the appellant, as there was no evidence of the appellant entering into another contract in contravention of the agreement, nor was any clause of the contract shown to have been breached. The trial court's judgment was based on unsubstantiated matters, and the award of damages and costs was not justified.

Citation
bama building contractors vs lewico co ltd 2024 tzhc 265 9 february 2024
Parties
Appellant: Bama Building Contractors; Respondent: Lewico Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; trial court judgment set aside.
Legal Topics
Breach of Contract, Burden of Proof, Stamp Duty on Contracts, Award of Damages, Corporate Veil
Source Language
English
Contract Law Civil Procedure Breach of Contract Burden of Proof Stamp Duty on Contracts Award of Damages Corporate Veil

Case Brief

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Parties

Bama Building Contractors

Appellant

Lewico Co. Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in admitting a contract not stamped as required by law
  2. 2 Whether there was sufficient evidence to establish breach of contract by the appellant
  3. 3 Whether the award of general damages was justified

Ratio Decidendi

The respondent failed to prove breach of contract by the appellant, as there was no evidence of the appellant entering into another contract in contravention of the agreement, nor was any clause of the contract shown to have been breached. The trial court's judgment was based on unsubstantiated matters, and the award of damages and costs was not justified.

Court Disposition

Appeal allowed; trial court judgment set aside.

Orders

  • Judgment of the Resident Magistrate's Court for Morogoro is set aside.
  • Costs to follow the event.