20151027 TZHC Dar es Salaam

20151027 TZHC Dar es Salaam

The defendant breached the contract by rescinding it solely due to the plaintiff's change of name, despite clear evidence of succession, entitling the plaintiff to specific and general damages.

Citation
20151027 TZHC Dar es Salaam
Parties
Plaintiff: Eligible (T) Ltd; Defendant: Rufiji District Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2015
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Successor Company, Damages
Source Language
English
Contract Law Breach of Contract Successor Company Damages

Case Brief

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Parties

Eligible (T) Ltd

Plaintiff

Rufiji District Council

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is Eligible (T) Ltd the successor of Eliamini Tanzania Ltd?
  2. 2 Was there a valid contract between Eliamini Tanzania Ltd and Rufiji District Council?
  3. 3 Did the defendant breach the contract?

Ratio Decidendi

The defendant breached the contract by rescinding it solely due to the plaintiff's change of name, despite clear evidence of succession, entitling the plaintiff to specific and general damages.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff awarded Tshs 35,000,000 as specific damages.
  • Plaintiff awarded Tshs 150,000,000 as general damages.