20110429 TZHC Dar es Salaam

20110429 TZHC Dar es Salaam

The Plaintiff proved existence and part performance of the sale agreement, readiness to pay the balance, and that the 1st Defendant unlawfully terminated the agreement and sold the property to others while the original contract was still subsisting. The Plaintiff is entitled to specific performance and declaratory relief.

Citation
20110429 TZHC Dar es Salaam
Parties
Plaintiff: St. Mary's International Academy; 1st Defendant: Lawrence Mateso; 2nd Defendant: Christina Vumilia Thomas; 3rd Defendant: Kesia Dorothea Innocent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2011
Procedural Posture
Civil Case / Ex Parte Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Specific Performance, Sale of Land, Declaratory Relief, Rescission of Contract
Source Language
English
Contract Law Property Law Specific Performance Sale of Land Declaratory Relief Rescission of Contract

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Parties

St. Mary's International Academy

Plaintiff

Lawrence Mateso

1st Defendant

Christina Vumilia Thomas

2nd Defendant

Kesia Dorothea Innocent

3rd Defendant

Procedural Posture

Civil Case / Ex Parte Judgment

Legal Issues

  1. 1 Whether the sale agreement between the 1st Defendant and the 2nd and 3rd Defendants is valid
  2. 2 Whether the termination of the sale agreement between the Plaintiff and the 1st Defendant was lawful
  3. 3 Whether the Plaintiff is entitled to specific performance and declaration as lawful purchaser

Ratio Decidendi

The Plaintiff proved existence and part performance of the sale agreement, readiness to pay the balance, and that the 1st Defendant unlawfully terminated the agreement and sold the property to others while the original contract was still subsisting. The Plaintiff is entitled to specific performance and declaratory relief.

Court Disposition

Judgment for Plaintiff

Orders

  • Sale agreement between 1st Defendant and 2nd and 3rd Defendants declared null and void
  • Termination of sale agreement between Plaintiff and 1st Defendant declared unlawful and of no legal effect