sheria rashid maarifa vs bakari said uvango 2023 tzhc 23905 18 december 2023

sheria rashid maarifa vs bakari said uvango 2023 tzhc 23905 18 december 2023

The appellant breached the contract by failing to pay the agreed amounts; the contract was not frustrated as the failure was not due to uncontrollable events. The award of general damages was justified but reduced due to lack of evidence of actual business loss or illness. The counterclaim failed for lack of strict proof of special damages.

Citation
sheria rashid maarifa vs bakari said uvango 2023 tzhc 23905 18 december 2023
Parties
Appellant: Sheria Rashid Mdarifa; Respondent: Bakari Saidi Uvango
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed in part; allowed only to the extent of reducing general damages.
Legal Topics
Breach of Contract, General Damages, Counterclaim, Frustration of Contract
Source Language
English
Contract Law Civil Procedure Breach of Contract General Damages Counterclaim Frustration of Contract

Case Brief

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Parties

Sheria Rashid Mdarifa

Appellant

Bakari Saidi Uvango

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant breached the contract with the respondent
  2. 2 Whether the award of general damages was justified and properly assessed
  3. 3 Whether the counterclaim by the appellant was proved

Ratio Decidendi

The appellant breached the contract by failing to pay the agreed amounts; the contract was not frustrated as the failure was not due to uncontrollable events. The award of general damages was justified but reduced due to lack of evidence of actual business loss or illness. The counterclaim failed for lack of strict proof of special damages.

Court Disposition

Appeal dismissed in part; allowed only to the extent of reducing general damages.

Orders

  • General damages reduced from TZS 30,000,000 to TZS 10,000,000 to be paid to the respondent.
  • Appellant to pay respondent the remaining balance of TZS 76,750,200 as per agreement.