19891227 TZHC Tabora

19891227 TZHC Tabora

Failure to pay the fourth instalment on the due date did not constitute a fundamental breach going to the root of the contract, as the parties had agreed to extend the time for payment and the respondent had paid a substantial part of the contractual sum.

Citation
19891227 TZHC Tabora
Parties
Appellant: Ramona Nurmau; Respondent: Raymond Joseph Kimaro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 December 1989
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rescission of Contract, Breach of Contract, Instalment Payments, Extension of Time
Source Language
English
Contract Law Rescission of Contract Breach of Contract Instalment Payments Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ramona Nurmau

Appellant

Raymond Joseph Kimaro

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to pay an instalment on time constituted a fundamental breach justifying rescission of contract
  2. 2 Whether parties agreed to extend time for payment of instalments

Ratio Decidendi

Failure to pay the fourth instalment on the due date did not constitute a fundamental breach going to the root of the contract, as the parties had agreed to extend the time for payment and the respondent had paid a substantial part of the contractual sum.

Court Disposition

appeal dismissed