Tanzania Case Law

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

Read case analysis

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

Read case analysis

20151120 TZHC Dar es Salaam3

Court

TZHC

The High Court Commercial Division dismissed the claim against the surety, finding the plaintiff failed to prove payment to the contractor and compliance with bond claim requirements.

• Performance bonds
• Advance payment bonds
• Indemnity
• Default judgment
• Lease agreements
• Advance-payment-bonds

Read case analysis