Tanzania Case Law

the board of trustees of public service social security fund pssf another by way of counter claim the board of trustees of public service social security fund pssf ano

Court

TZHCCOMD

Plaintiffs failed to prove their claim for TZS 11,250,069,032.62 or any lesser sum due to contradictions, lack of supporting invoices, and claims not rooted in pleadings. Defendants' counterclaim for refund and liquidated damages fails as they ratified plaintiffs' performance and are estopped from claiming for breach they did not treat as fundamental. Force majeure lawfully discharged both parties from future obligations, but plaintiffs did not substantiate entitlement to payment for work done prior to force majeure. Both suit and counterclaim are dismissed; each party to bear its own costs.

Source excerpt

• Consultancy agreements
• Force majeure
• Liquidated damages
• Breach of contract
• Frustration of contract
• Estoppel

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TARURA VS CANOPIES INTER NATIONAL MISC

Court

TANZLII

A party aggrieved by an arbitral award does not need to wait for the other party to file for recognition and enforcement before challenging the award. The limitation period for challenging the award runs from the date of the award (or notification of the result of any arbitral appeal/review), not from the date of filing for recognition. Filing of the award in court is complete upon its receipt by the court registry. Since the applicant is out of time to challenge the award, extension of time is necessary before such a challenge can be entertained.

Source excerpt

• Extension of time
• Recognition and enforcement of arbitral awards
• Challenge to arbitral award
• Limitation period
• Filing and registration of arbitral awards

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catic international engineering t ltd vs university of dar es salaam 2023 tzca 17338 13 june 2023

Court

TZCA

The Court of Appeal held that unapproved contract variations altered the scope of the work and required Tender Board approval, so the arbitral award was illegal and could be set aside.

• Setting aside arbitral awards
• Public policy in arbitration
• Approval of contract variations
• Scope of judicial review of arbitral awards
• Arbitration
• Public-procurement

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iringa municipal council vs jv tangerm construction company ltd intercity builders company ltd 2023 tzhccomd 125 28 april 2023

Court

TZHCCOMD

The High Court set aside an arbitral award for serious irregularity, holding that the award condoned unapproved variations contrary to contract and public procurement law.

• Setting aside arbitral award
• Public policy in arbitration
• Contractual variations
• Jurisdiction of arbitral tribunal
• Procurement regulations
• Arbitration

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ARIA

Court

TANZLII

The 1st defendant fundamentally breached the construction contract by failing to complete the works and address the plaintiff's complaints. The plaintiff lawfully terminated the contract under clause 18, but also contributed to the breach by making payments without joint measurement and failing to invoke liquidated damages under clause 13. The 2nd defendant is not liable under the bonds because the plaintiff failed to notify the insurer of the 1st defendant's default prior to termination, as required by the bond terms. Both the main suit and the counterclaim are dismissed due to mutual breach…

Source excerpt

• Breach of contract
• Performance bonds
• Advance payment bonds
• Termination of contract
• Damages
• Counterclaim

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T BUILDING WORK LTD VS HIGHER EDUCATION STUDENTS LOAN BOARD MISC

Court

TANZLII

The arbitrator committed a serious irregularity by failing to record or provide minutes or proceedings as required by law and as understood by both parties. There was no evidence that the parties agreed to dispense with such records. The absence of proceedings or minutes deprived both parties of the ability to enforce or challenge the award in court. The irregularity was fundamental and affected the fairness of the arbitral process. Remitting the award for reconsideration was inappropriate due to the absence of any record of proceedings; thus, the award was set aside in whole.

Source excerpt

• Setting aside arbitral award
• Serious irregularity
• Arbitral procedure
• Record of proceedings
• Party autonomy
• Remittance of award

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east african statistical training center eastc vs siha enterprises company ltd 4 others 2022 tzhc 13135 1 september 2022

Court

TZHC

The High Court dismissed EASTC’s counterclaim over a construction contract, finding EASTC failed to prove the contractor materially breached the agreement.

• Breach of contract
• Performance bonds
• Advance payment bonds
• Construction disputes
• Guarantee liability
• Damages

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dar es salaam international academy vs catic international engineering t ltd 2022 tzhccomd 263 31 august 2022

Court

TZHCCOMD

The court found that the arbitral tribunal did not exceed its powers or fail to deal with all issues raised. The alleged errors did not constitute serious irregularities under section 75(2) of the Arbitration Act. The tribunal provided reasons for dismissing the counterclaim and acted within its jurisdiction. The petitioner's grounds were insufficient to set aside the award.

Source excerpt

• Challenge to arbitral award
• Serious irregularity
• Liquidated damages
• Mitigation of damages
• Rectification costs

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jv tangerm construction co ltd technocombine construction ltd a joint venture vs tanzania ports authority another 2022 tzhccomd 180 4 july 2022

Court

TZHCCOMD

The plaintiff Joint Venture was legally constituted and had capacity to contract. The 1st defendant breached the agreements by delays in approving variations, delayed payments, failure to hand over sites, and non-determination of final accounts. Variations effected by site instructions, though not strictly following FIDIC procedures, were executed and consented to, entitling the plaintiff to compensation. Claims for specific damages were granted where strictly proved; general damages were awarded for prolonged inconvenience and reputational harm. Reliefs were ordered as detailed in the judgme…

Source excerpt

• Breach of contract
• Variation of contract
• Damages
• Interest on delayed payments
• Joint venture legal status
• Termination of contract

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mr erick john mmari vs ms herkin builders ltd 2022 tzhccomd 12 18 february 2022

Court

TZHCCOMD

The High Court held the contractor breached a house construction contract by failing to complete works on time and to standard. It awarded completion, rental loss, expenses, consultancy costs, and general damages.

• Breach of contract
• Construction delays
• Damages
• Specific performance
• General damages
• Construction-contracts

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