jubilate benjaminb ulomi vs mako mining company 2015 tzca 555 15 july 2015

jubilate benjaminb ulomi vs mako mining company 2015 tzca 555 15 july 2015

There was no evidence that the appellant breached the contract; the contract expired by its own terms and renewal required mutual consent, which was not obtained. The respondent had no right to compensation or damages as no breach occurred.

Citation
jubilate benjaminb ulomi vs mako mining company 2015 tzca 555 15 july 2015
Parties
Appellant: Jubilate Benjamin Ulomi; Respondent: Mako Mining Company
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 July 2015
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Breach of Contract, Jurisdiction, Contract Renewal, Compensation, General Damages
Source Language
English
Contract Law Civil Procedure Breach of Contract Jurisdiction Contract Renewal Compensation General Damages

Case Brief

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Parties

Jubilate Benjamin Ulomi

Appellant

Mako Mining Company

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the trial court had jurisdiction to entertain the suit
  2. 2 Whether the appellant breached the contract with the respondent
  3. 3 Whether the award of general damages was proper

Ratio Decidendi

There was no evidence that the appellant breached the contract; the contract expired by its own terms and renewal required mutual consent, which was not obtained. The respondent had no right to compensation or damages as no breach occurred.

Court Disposition

appeal allowed

Orders

  • Judgment and decrees of trial court and High Court set aside
  • Respondent's claims dismissed