eric kuneza rutakonya vs hemed juma mrisho 2019 tzhc 158 14 november 2019

eric kuneza rutakonya vs hemed juma mrisho 2019 tzhc 158 14 november 2019

Plaintiff proved payment of TShs. 90,000,000/= for the sale of land, but failed to substantiate claim for TShs. 250,000,000/=; only the evidenced amount is recoverable, with additional general damages awarded at court's discretion.

Citation
eric kuneza rutakonya vs hemed juma mrisho 2019 tzhc 158 14 november 2019
Parties
Plaintiff: Eric Kuneza Rutakonya; Defendant: Hemed Juma Mrisho
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 November 2019
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim partly allowed
Legal Topics
Breach of Contract, Sale of Land, Damages
Source Language
English
Contract Law Property Law Breach of Contract Sale of Land Damages

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 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Eric Kuneza Rutakonya

Plaintiff

Hemed Juma Mrisho

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the sale agreement for Plot No. 2381/Block G Tabata
  2. 2 Whether the plaintiff is entitled to damages for breach of contract

Ratio Decidendi

Plaintiff proved payment of TShs. 90,000,000/= for the sale of land, but failed to substantiate claim for TShs. 250,000,000/=; only the evidenced amount is recoverable, with additional general damages awarded at court's discretion.

Court Disposition

Plaintiff's claim partly allowed

Orders

  • Defendant to pay Plaintiff TShs. 90,000,000/= as consideration value for the suit land
  • Defendant to pay Plaintiff TShs. 50,000,000/= as general damages