okoa muda ltd vs chamwino district council 2021 tzhc 12585 13 december 2021
The appellant was not entitled to a refund of the entire performance bond but only the difference between the bond and the deficit in cess collection, as per contract terms. The trial court lawfully deducted the deficit from the bond, and excuses for underperformance were unfounded.
- Citation
- okoa muda ltd vs chamwino district council 2021 tzhc 12585 13 december 2021
- Parties
- Appellant: Okoa Muda Ltd; Respondent: Chamwino District Council
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 December 2021
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Performance Bond, Sanctity of Contract, Judgment by Admission, Remedies for Breach, Public Procurement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Okoa Muda Ltd
Appellant
Chamwino District Council
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court lawfully awarded Tshs. 15,000,000/= to the appellant after deducting the deficit from the performance bond
- 2 Whether the deduction of Tshs. 29,802,200/= from the performance bond was proper
- 3 Whether the trial court failed to consider evidence and arguments regarding underperformance reasons
Ratio Decidendi
The appellant was not entitled to a refund of the entire performance bond but only the difference between the bond and the deficit in cess collection, as per contract terms. The trial court lawfully deducted the deficit from the bond, and excuses for underperformance were unfounded.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
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