charles james bushell vs elizeus emmanuel kagoro 2020 tzhc 4167 11 december 2020

No valid contract existed due to mutual mistake and lack of clear agreement; only the amount proved to have been sent (Tshs 65,992,000.05) is recoverable.

Citation: charles james bushell vs elizeus emmanuel kagoro 2020 tzhc 4167 11 december 2020
Parties: Plaintiff: Charles James Bushell; Defendant: Elizeus Emmanuel Kagoro
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 December 2020
Procedural Posture: Civil / Judgment
Outcome: partially allowed
Legal Topics: Oral Agreement, Mistake, Void Contract, Relief, Damages
Source Language: English

Contract Law Oral Agreement Mistake Void Contract Relief Damages

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Charles James Bushell

Plaintiff

Elizeus Emmanuel Kagoro

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the parties entered into an agreement to invest in a mineral leaching plant/project
2 Whether the plaintiff sent Tshs 521,322,367.50 to the defendant
3 Whether the defendant breached the agreement

Ratio Decidendi

No valid contract existed due to mutual mistake and lack of clear agreement; only the amount proved to have been sent (Tshs 65,992,000.05) is recoverable.

Court Disposition

partially allowed

Orders

Plaintiff's claim for Tshs 521,322,367.50 dismissed
Defendant ordered to pay plaintiff Tshs 65,992,000.05