19880704 TZHC Dar es Salaam

19880704 TZHC Dar es Salaam

The defendant wrongfully and illegally terminated the contract without following stipulated procedures, after having implicitly granted extension of time. Plaintiff is entitled to damages for breach, retention money, and repayment of unjustified deductions.

Citation
19880704 TZHC Dar es Salaam
Parties
Plaintiff: PRODAM LTD; Defendant: DSM City Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 July 1988
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Breach of Contract, Extension of Time, Retention Money, Damages, Variation of Contract
Source Language
English
Contract Law Breach of Contract Extension of Time Retention Money Damages Variation of Contract

Case Brief

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Parties

PRODAM LTD

Plaintiff

DSM City Council

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Was the defendant's letter of 29/6/80 a permission to the plaintiff for extension of time to the contract?
  2. 2 Was the defendant's termination of the contract of 24/4/81 wrongful?
  3. 3 If the answer to issue 2 is Yes, to what relief are the parties entitled?

Ratio Decidendi

The defendant wrongfully and illegally terminated the contract without following stipulated procedures, after having implicitly granted extension of time. Plaintiff is entitled to damages for breach, retention money, and repayment of unjustified deductions.

Court Disposition

Judgment for plaintiff

Orders

  • Plaintiff awarded shs.450,000/= as damages for breach of contract
  • Plaintiff awarded shs.19,323/= as retention money