national microfinance bank plc vs marcelina mkhandi kisuda 2023 tzhc 23151 17 november 2023
The appellant did not breach the contract of sale because the sale was nullified due to illegality (violation of public auction procedures), making the contract unenforceable. Both parties failed to observe the law on public auction, and the respondent did not prove her case on the balance of probabilities.
- Citation
- national microfinance bank plc vs marcelina mkhandi kisuda 2023 tzhc 23151 17 november 2023
- Parties
- Appellant: National Microfinance Bank PLC; Respondent: Marcelina Mkhandi Kisuda
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 November 2023
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Breach of Contract, Public Auction Procedures, Burden of Proof, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
National Microfinance Bank PLC
Appellant
Marcelina Mkhandi Kisuda
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant breached the contract of sale with the respondent
- 2 Whether the trial court properly evaluated the evidence and was correct in awarding general damages
Ratio Decidendi
The appellant did not breach the contract of sale because the sale was nullified due to illegality (violation of public auction procedures), making the contract unenforceable. Both parties failed to observe the law on public auction, and the respondent did not prove her case on the balance of probabilities.
Court Disposition
appeal allowed
Orders
- Decision of the trial court quashed
- Orders of the trial court set aside
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