jnm mining services ltd vs mineral access systems tanzania ltd 2022 tzca 686 8 november 2022

jnm mining services ltd vs mineral access systems tanzania ltd 2022 tzca 686 8 november 2022

The appellant failed to comply with the termination notice procedure stipulated in clause 5 of the consultancy agreement, as no formal notice specifying the breach was served by hand or registered post, nor was the respondent afforded seven days to remedy the breach. Consequently, the appellant did not prove breach...

Source-derived case information.

Citation
jnm mining services ltd vs mineral access systems tanzania ltd 2022 tzca 686 8 november 2022
Parties
Appellant: JNM Mining Services Ltd; Respondent: Mineral Access Systems Tanzania Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 November 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Termination Clauses, Burden of Proof, Civil Litigation Standards
Source Language
english
Contract Law Civil Procedure Breach of Contract Termination Clauses Burden of Proof Civil Litigation Standards

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Summary, issues, holding and outcome

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Parties

JNM Mining Services Ltd

Appellant

Mineral Access Systems Tanzania Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant proved breach of contract by the respondent as per the agreement's requirements
  2. 2 Whether the appellant complied with the termination notice procedure under clause 5 of the consultancy agreement
  3. 3 Whether the trial judge failed to address framed issues and imposed her own facts

Ratio Decidendi

The appellant failed to comply with the termination notice procedure stipulated in clause 5 of the consultancy agreement, as no formal notice specifying the breach was served by hand or registered post, nor was the respondent afforded seven days to remedy the breach. Consequently, the appellant did not prove breach of contract to the required standard, and the trial judge correctly dismissed the suit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs.