themistocles julius caeser vs benjamini nyambikiwe stephen 2023 tzhc 23177 21 november 2023

themistocles julius caeser vs benjamini nyambikiwe stephen 2023 tzhc 23177 21 november 2023

Civil Appeal No. 184 of 2023 was filed out of time without leave of court and is dismissed. In Civil Appeal No. 159 of 2023, there was no breach of contract as the payment period had not expired; thus, the appellant is only entitled to the outstanding principal sum, not interest, damages, or costs, unless the principal is not paid within seven months.

Citation
themistocles julius caeser vs benjamini nyambikiwe stephen 2023 tzhc 23177 21 november 2023
Parties
Appellant/respondent: Themistocles Julius Caeser; Respondent/appellant: Benjamin Nyambikiwe Stephen
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2023
Procedural Posture
Civil Appeal (consolidated) / Judgment on Consolidated Appeals, Including Preliminary Objection and Merits
Outcome
Civil Appeal No. 184 of 2023 dismissed with costs; Civil Appeal No. 159 of 2023 partly allowed to the extent that only the principal sum is payable, with costs following the event.
Legal Topics
Limitation of Actions, Breach of Contract, Interpretation of Contracts, Electronic Filing, Remedies for Breach, Interest and Damages
Source Language
English
Civil Law Contract Law Civil Procedure Limitation of Actions Breach of Contract Interpretation of Contracts Electronic Filing Remedies for Breach +1 more

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Parties

Themistocles Julius Caeser

Appellant/respondent

Benjamin Nyambikiwe Stephen

Respondent/appellant

Procedural Posture

Civil Appeal (consolidated) / Judgment on Consolidated Appeals, Including Preliminary Objection and Merits

Legal Issues

  1. 1 Whether Civil Appeal No. 184 of 2023 was filed within the statutory limitation period
  2. 2 Whether there was a breach of contract by the respondent in Civil Appeal No. 159 of 2023
  3. 3 Whether the trial court erred in granting conditional reliefs (interest, damages, costs)

Ratio Decidendi

Civil Appeal No. 184 of 2023 was filed out of time without leave of court and is dismissed. In Civil Appeal No. 159 of 2023, there was no breach of contract as the payment period had not expired; thus, the appellant is only entitled to the outstanding principal sum, not interest, damages, or costs, unless the principal is not paid within seven months.

Court Disposition

Civil Appeal No. 184 of 2023 dismissed with costs; Civil Appeal No. 159 of 2023 partly allowed to the extent that only the principal sum is payable, with costs following the event.

Orders

  • Civil Appeal No. 184 of 2023 dismissed with costs for being out of time.
  • Civil Appeal No. 159 of 2023 partly allowed: respondent to pay TZS 70,500,000 as outstanding amount; interest, damages, and costs only payable if principal not paid within 7 months from judgment.