umico ltd vs salu ltd 2018 tzca 90 7 june 2018

umico ltd vs salu ltd 2018 tzca 90 7 june 2018

The agency agreement was temporary and merged into the lease agreement, which expired on 4/4/2009. No contract existed at the time of suit, and the respondent was not entitled to damages. The High Court erred in awarding general damages.

Citation
umico ltd vs salu ltd 2018 tzca 90 7 june 2018
Parties
Appellant: UMICO LIMITED; Respondent: SALU LIMITED
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 June 2018
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Breach of Contract, Lease Agreements, Agency Agreements, Damages
Source Language
English
Contract Law Agency Law Property Law Breach of Contract Lease Agreements Agency Agreements Damages

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 3
Sign in to unlock

Parties

UMICO LIMITED

Appellant

SALU LIMITED

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the parties entered into valid lease and agency agreements
  2. 2 Whether the appellant breached the agreements
  3. 3 Whether the respondent was entitled to damages

Ratio Decidendi

The agency agreement was temporary and merged into the lease agreement, which expired on 4/4/2009. No contract existed at the time of suit, and the respondent was not entitled to damages. The High Court erred in awarding general damages.

Court Disposition

Appeal allowed

Orders

  • Award of Tshs. 100,000,000/= as general damages set aside
  • Respondent has no right to remain at the site