jumanne nkhandi kibela vs zuberi mzee mwinyimvua another 2004 tzhccomd 17 29 july 2004

jumanne nkhandi kibela vs zuberi mzee mwinyimvua another 2004 tzhccomd 17 29 july 2004

The plaintiff was in breach of the agreement by failing to adhere to the payment schedule as stipulated in clause 2. Delivery of vacant possession was not possible before subdivision and full payment. The breach cannot be remedied due to lapse of time and substantial unpaid balance. The 1st Defendant is entitled to rescind the contract and refund the amount paid.

Citation
jumanne nkhandi kibela vs zuberi mzee mwinyimvua another 2004 tzhccomd 17 29 july 2004
Parties
Plaintiff: Jumanne Nkhandi Kibela; 1st Defendant: Zuberi Mzee Mwinyimvua; 2nd Defendant: Precious Company Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 July 2004
Procedural Posture
Commercial Case / Judgment
Outcome
plaintiff's suit dismissed with costs; refund ordered
Legal Topics
Breach of Contract, Specific Performance, Rescission of Contract, Refund of Purchase Price, Land Sale Agreements
Source Language
English
Contract Law Property Law Breach of Contract Specific Performance Rescission of Contract Refund of Purchase Price Land Sale Agreements

Case Brief

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Parties

Jumanne Nkhandi Kibela

Plaintiff

Zuberi Mzee Mwinyimvua

1st Defendant

Precious Company Ltd

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether any of the parties was in breach of the sale agreement
  2. 2 If the breach can be remedied
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

The plaintiff was in breach of the agreement by failing to adhere to the payment schedule as stipulated in clause 2. Delivery of vacant possession was not possible before subdivision and full payment. The breach cannot be remedied due to lapse of time and substantial unpaid balance. The 1st Defendant is entitled to rescind the contract and refund the amount paid.

Court Disposition

plaintiff's suit dismissed with costs; refund ordered

Orders

  • Plaintiff is entitled to a refund of T.shs 28,684,250/=
  • Suit dismissed with costs