dharam singh hanspaul and sons limited vs tanzania pharmaceutical industries limited and another 2020 tzhc 4002 24 november 2020

dharam singh hanspaul and sons limited vs tanzania pharmaceutical industries limited and another 2020 tzhc 4002 24 november 2020

The defendants breached the contract by failing to surrender the mother title and capital gain tax clearance certificate as required, despite the plaintiff fulfilling its payment obligations. The contract and addendum did not exempt the defendants from this duty, and their assertion regarding encumbrances was contradicted by their own representations. The plaintiff is entitled to refund of payments, contractual interest, and costs.

Citation
dharam singh hanspaul and sons limited vs tanzania pharmaceutical industries limited and another 2020 tzhc 4002 24 november 2020
Parties
Plaintiff: Dharam Singh Hanspaul & Sons Limited; 1st Defendant: Tanzania Pharmaceutical Industries Limited; 2nd Defendant: Ramadhan Rashid Madabida
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2020
Procedural Posture
Land Case / Judgment
Outcome
Judgment for the plaintiff against both defendants jointly and severally.
Legal Topics
Breach of Contract, Sale of Land, Remedies for Breach, Specific Performance, Damages
Source Language
English
Contract Law Land Law Breach of Contract Sale of Land Remedies for Breach Specific Performance Damages

Case Brief

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Parties

Dharam Singh Hanspaul & Sons Limited

Plaintiff

Tanzania Pharmaceutical Industries Limited

1st Defendant

Ramadhan Rashid Madabida

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether there was a valid agreement between plaintiff and 1st defendant
  2. 2 Whether the 1st defendant is in breach of the agreement
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The defendants breached the contract by failing to surrender the mother title and capital gain tax clearance certificate as required, despite the plaintiff fulfilling its payment obligations. The contract and addendum did not exempt the defendants from this duty, and their assertion regarding encumbrances was contradicted by their own representations. The plaintiff is entitled to refund of payments, contractual interest, and costs.

Court Disposition

Judgment for the plaintiff against both defendants jointly and severally.

Orders

  • Defendants declared in breach of contract
  • Defendants to pay Tshs 460,000,000 to plaintiff (sum of 1st and 2nd installments)