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Tanzania decisions
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The court found that the conduct of the parties, issuance of invoice, and payment into the respondent's account established a valid contract of sale between the appellant and respondent. The respondent breached the contract by delivering a defective vehicle, entitling the appellant to replacement and general damages.
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The trial court lacked jurisdiction to entertain the suit as consumer complaints between financial service providers and consumers must be resolved through the Bank of Tanzania per the Financial Consumer Protection Regulations, 2019. The respondent failed to exhaust statutory procedures before approaching the court.
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The District Court lacked jurisdiction to entertain the dispute as the EWURA Act and Electricity Act establish EWURA as the proper forum for complaints arising from regulated electricity services, including tortious claims for damages. The proceedings and orders of the District Court are a nullity.
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The plaintiffs failed to prove, on a balance of probabilities, that the defendant manufactured or supplied the alleged defective drink, or that the harm suffered was caused by the defendant's product. The chain of custody was broken, no scientific examination linked the product to the defendant, and special damages were not substantiated.
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High Court appeal over a failed SWIFT transfer held the bank liable to return £7,000, with general damages and costs awarded.
The evidence, including the TBS report and testimony of TBS officers, established that the roofing sheets supplied by the appellant were defective and below standard. However, the respondent failed to prove special damages and was not entitled to a full refund or excessive punitive damages. The court varied the damages to reflect only half the purchase price and reduced punitive and general damages to amounts proportionate to the actual harm and breach.
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The defendant fraudulently sold defective motor vehicles to the plaintiff, having knowledge of their defects and failing to disclose them. The vehicles were not roadworthy at delivery, constituting a breach of implied warranty under the Sale of Goods Act. The plaintiff did not breach any warranty regarding repairs, as repairs were conducted by the defendant's mechanics. The plaintiff is entitled to a refund of part of the purchase price, loss of earnings, maintenance costs, interest, and costs of the suit, but not to a refund of insurance premiums.
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The District Court had jurisdiction as the claim in the main body of the plaint was within the statutory limit. The evidence established that the respondent consumed a contaminated product manufactured by the appellant, but the extent of injury was not substantiated by medical records. Therefore, the award of Tshs. 5,000,000/= was excessive and reduced to nominal damages of Tshs. 500,000/=.
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The High Court allowed a criminal appeal, quashed convictions for price control and unlicensed trading, and set aside the fines for lack of supporting evidence.
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