20170815 TZHC Dar es Salaam

20170815 TZHC Dar es Salaam

Defendant failed to prove lawful ownership and breached contract clause requiring refund upon dispute; plaintiff entitled to refund, interest, damages, and costs.

Source-derived case information.

Citation
20170815 TZHC Dar es Salaam
Parties
Plaintiff: Evod Emmanuel Shayo; Defendant: Hassan Mohamed Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 August 2017
Procedural Posture
Land Case / Final Judgment
Outcome
Judgment for plaintiff; contract rescinded; refund, interest, damages, and costs awarded.
Legal Topics
Breach of Contract, Restitution, Damages, Land Sale, Fraudulent Misrepresentation
Source Language
english
Contract Law Land Law Breach of Contract Restitution Damages Land Sale Fraudulent Misrepresentation

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Summary, issues, holding and outcome

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Parties

Evod Emmanuel Shayo

Plaintiff

Hassan Mohamed Juma

Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Whether the defendant was the lawful owner of the land sold to the plaintiff
  2. 2 Whether the defendant is contractually obligated to refund the purchase price upon dispute of ownership
  3. 3 Entitlement to damages for breach of contract

Ratio Decidendi

Defendant failed to prove lawful ownership and breached contract clause requiring refund upon dispute; plaintiff entitled to refund, interest, damages, and costs.

Court Disposition

Judgment for plaintiff; contract rescinded; refund, interest, damages, and costs awarded.

Orders

  • Contract dated 22 August 2012 rescinded.
  • Defendant to pay plaintiff 50,000,000 T.sh. as part of purchase price.