sci tanzania ltd vs gulam mohamedali punjani another 2023 tzhccomd 235 28 july 2023

Defendants breached the novated oral contract by failing to deliver the promised apartment or refund the investment; Plaintiff proved entitlement to refund and damages on balance of probabilities.

Citation: sci tanzania ltd vs gulam mohamedali punjani another 2023 tzhccomd 235 28 july 2023
Parties: Plaintiff: SCI (Tanzania) Limited; 1st Defendant: Gulam Mohamedali Punjani; 2nd Defendant: Pristine Properties Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 28 July 2023
Procedural Posture: Commercial Case / Final Judgment
Outcome: Judgment for Plaintiff
Legal Topics: Breach of Contract, Novation, Refund of Investment, General Damages
Source Language: English

Contract Law Commercial Law Breach of Contract Novation Refund of Investment General Damages

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

SCI (Tanzania) Limited

Plaintiff

Gulam Mohamedali Punjani

1st Defendant

Pristine Properties Limited

2nd Defendant

Procedural Posture

Commercial Case / Final Judgment

Legal Issues

1 Existence of agreement for investment deposit
2 Breach of agreement to develop Seaview project
3 Entitlement to refund of USD 300,000

Ratio Decidendi

Defendants breached the novated oral contract by failing to deliver the promised apartment or refund the investment; Plaintiff proved entitlement to refund and damages on balance of probabilities.

Court Disposition

Judgment for Plaintiff

Orders

Defendants jointly and severally to refund USD 300,000 to Plaintiff
Defendants to pay interest at 7% on decretal sum from judgment to full recovery