20190616 TZHC Dar es Salaam

20190616 TZHC Dar es Salaam

The plaintiff failed to prove on a balance of probabilities that the defendant breached the contract, as there was no evidence of a written notice specifying the breach as required by the agreement. Without such notice, there can be no finding of breach or entitlement to relief.

Source-derived case information.

Citation
20190616 TZHC Dar es Salaam
Parties
Plaintiff: JNM Mining Services Ltd; Defendant: Mineral Access Systems Tanzania Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 June 2019
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Breach of Contract, Consultancy Agreements, Burden of Proof
Source Language
english
Contract Law Breach of Contract Consultancy Agreements Burden of Proof

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Parties

JNM Mining Services Ltd

Plaintiff

Mineral Access Systems Tanzania Ltd

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether there was a breach of contract
  2. 2 Whether the breach was justifiable
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the defendant breached the contract, as there was no evidence of a written notice specifying the breach as required by the agreement. Without such notice, there can be no finding of breach or entitlement to relief.

Court Disposition

Suit dismissed with costs

Orders

  • Plaintiff's suit dismissed in its entirety
  • Defendant awarded costs