mr erick john mmari vs ms herkin builders ltd 2022 tzhccomd 12 18 february 2022

mr erick john mmari vs ms herkin builders ltd 2022 tzhccomd 12 18 february 2022

The Defendant breached the construction contract by failing to complete the works within the agreed period and to the required standard, resulting in substantial and provable losses to the Plaintiff. The Plaintiff did not contribute to the breach, and the Defendant is liable for specific and general damages as strictly proved and assessed by the court.

Citation
mr erick john mmari vs ms herkin builders ltd 2022 tzhccomd 12 18 february 2022
Parties
Plaintiff: Mr Erick John Mmari; Defendant: M/S Herkin Builders Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
18 February 2022
Procedural Posture
Commercial Case / Judgment After Full Trial
Outcome
Judgment for the Plaintiff
Legal Topics
Breach of Contract, Construction Delays, Damages, Specific Performance, General Damages
Source Language
English
Contract Law Construction Law Breach of Contract Construction Delays Damages Specific Performance General Damages

Case Brief

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Parties

Mr Erick John Mmari

Plaintiff

M/S Herkin Builders Ltd

Defendant

Procedural Posture

Commercial Case / Judgment After Full Trial

Legal Issues

  1. 1 Whether the Defendant breached the construction contract for residential house on Plot No. 17, Block 1, Mtoni Kijichi, Dar-es-Salaam.
  2. 2 If so, whether the Plaintiff contributed to the alleged breach by the Defendant.
  3. 3 Whether the Plaintiff suffered damages as prayed due to the Defendant's breach of contract.

Ratio Decidendi

The Defendant breached the construction contract by failing to complete the works within the agreed period and to the required standard, resulting in substantial and provable losses to the Plaintiff. The Plaintiff did not contribute to the breach, and the Defendant is liable for specific and general damages as strictly proved and assessed by the court.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff TZS 165,787,893.53 (plus VAT) for completion and rectification of works.
  • Defendant to pay Plaintiff TZS 700,000 per month as loss of rental earnings from December 2014 to date of judgment.