19871117 TZHC Dar es Salaam
The appellant breached the contract by not following the approved plan and boundaries, resulting in demolition of the construction. He is liable to refund the advance payment received.
- Citation
- 19871117 TZHC Dar es Salaam
- Parties
- Appellant: Faraji Issa Mbulilo; Respondent: Victorian Mfaike
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 November 1987
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Breach of Contract, Construction Contracts, Refund of Advance Payment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Faraji Issa Mbulilo
Appellant
Victorian Mfaike
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant breached the construction contract by failing to follow the approved plan and boundaries
- 2 Whether the respondent is entitled to a refund of the advance payment
Ratio Decidendi
The appellant breached the contract by not following the approved plan and boundaries, resulting in demolition of the construction. He is liable to refund the advance payment received.
Court Disposition
appeal dismissed
Orders
- appellant to refund the advance payment to the respondent
- appellant to pay costs
Full Case Text
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