meshack jackson kabote vs hamimu karashani 2023 tzhccomd 130 5 may 2023

meshack jackson kabote vs hamimu karashani 2023 tzhccomd 130 5 may 2023

Defendant breached the contract by failing to transfer ownership of the two mining licenses from joint to sole ownership despite receiving payment, and his claim regarding capital gain tax was unsubstantiated.

Citation
meshack jackson kabote vs hamimu karashani 2023 tzhccomd 130 5 may 2023
Parties
Plaintiff: Meshack Jackson Kabote; Defendant: Hamimu Karashani
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 May 2023
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Breach of Contract, Specific Damages, General Damages, Mining License Sale
Source Language
English
Contract Law Breach of Contract Specific Damages General Damages Mining License Sale

Case Brief

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Parties

Meshack Jackson Kabote

Plaintiff

Hamimu Karashani

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether there was a breach of contract
  2. 2 Who breached the contract
  3. 3 Reliefs to which the parties are entitled

Ratio Decidendi

Defendant breached the contract by failing to transfer ownership of the two mining licenses from joint to sole ownership despite receiving payment, and his claim regarding capital gain tax was unsubstantiated.

Court Disposition

Judgment for plaintiff

Orders

  • Declaration that defendant breached the contract
  • Defendant to pay plaintiff Tshs 20,000,000/= as general damages