mweha hamis vs the permanent secretary mimistry of infrastructure and development others 2024 tzca 141 29 february 2024

mweha hamis vs the permanent secretary mimistry of infrastructure and development others 2024 tzca 141 29 february 2024

Special damages for compensation were not proved; general damages for breach of contract and demolition were justified given the circumstances. Preliminary reliefs could not be granted before hearing. Interest on refunded purchase price was not pleaded or proved as arising from statute, contract, or trade usage.

Citation
mweha hamis vs the permanent secretary mimistry of infrastructure and development others 2024 tzca 141 29 february 2024
Parties
Appellant: Mweha Hamis; 1st Respondent: The Permanent Secretary, Ministry of Infrastructure Development; 2nd Respondent: The Chief Executive Officer, Tanzania Building Agency; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 February 2024
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal partly allowed
Legal Topics
Breach of Contract, Damages, Sale of Government Property, Eviction, Quantification of Damages, Interest on Judgment, Pleadings
Source Language
English
Contract Law Property Law Civil Procedure Breach of Contract Damages Sale of Government Property Eviction Quantification of Damages +2 more

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Parties

Mweha Hamis

Appellant

The Permanent Secretary, Ministry of Infrastructure Development

1st Respondent

The Chief Executive Officer, Tanzania Building Agency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant proved entitlement to compensation for demolition of property
  2. 2 Whether special damages were pleaded and proved
  3. 3 Whether general damages should be awarded for breach of contract

Ratio Decidendi

Special damages for compensation were not proved; general damages for breach of contract and demolition were justified given the circumstances. Preliminary reliefs could not be granted before hearing. Interest on refunded purchase price was not pleaded or proved as arising from statute, contract, or trade usage.

Court Disposition

appeal partly allowed

Orders

  • Award of Tshs. 50,000,000 as special damages quashed and set aside.
  • Appellant awarded Tshs. 150,000,000 as general damages for breach of contract and demolition.