BERNARD MSANGI SCANNED

BERNARD MSANGI SCANNED

Special damages were not specifically proved and cannot be awarded by approximation; appellant cannot be held liable for breach of lease agreement as respondent failed to pay rent and had constructive notice of termination; objections on non-joinder raised late are deemed waived.

Citation
BERNARD MSANGI SCANNED
Parties
Appellant: Bernhard Msangi; 1st Respondent: Frank Cyprian; 2nd Respondent: Akley Kimario
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Special Damages, Breach of Lease Agreement, Joinder of Parties
Source Language
English
Land Law Contract Law Special Damages Breach of Lease Agreement Joinder of Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bernhard Msangi

Appellant

Frank Cyprian

1st Respondent

Akley Kimario

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether special damages were properly awarded without specific proof
  2. 2 Whether the appellant breached the lease agreement
  3. 3 Whether failure to join Patrick Kinemo as a party invalidates proceedings

Ratio Decidendi

Special damages were not specifically proved and cannot be awarded by approximation; appellant cannot be held liable for breach of lease agreement as respondent failed to pay rent and had constructive notice of termination; objections on non-joinder raised late are deemed waived.

Court Disposition

appeal allowed

Orders

  • Tribunal's findings and verdict quashed
  • Award of special damages set aside