Tanzania Case Law

SALEH AHMED ALAMARY VS SALEH SALIM ALAMRY COMM CASE NO

Court

TANZLII

There was no valid loan agreement between the Plaintiff and any of the Defendants because the 1st Defendant lacked authority to bind the 3rd Defendant and the 2nd Defendant was not a party. However, as the 3rd Defendant received the benefit of the loan, it is bound to restore the outstanding amount to the Plaintiff under section 65 of the Law of Contract Act. Claims for contractual interest and damages are denied as the contract is void.

Source excerpt

• Void contracts
• Authority of agents
• Restitution
• Corporate personality

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CIVIL APPEAL NO 19 OF 2021 KAFOI ESTATE LIMITED VS ELIA JOHNSON KIWIA ta Kiwai agrovet

Court

TANZLII

The agreement dated 8/2/2013 was valid and binding as it was signed by an authorized agent in the presence of the appellant's director, and the appellant ratified it by making payments. The respondent is entitled to simple interest at 5% per month on the outstanding amount from the date of default to the date of judgment, and 7% per annum thereafter, but not to compound interest as the agreement did not expressly or impliedly provide for it.

Source excerpt

• Enforcement of contracts
• Company representation
• Interest on judgment debts
• Authority of agents
• Damages for breach of contract

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syscon builders ltd vs the psn of agriculture fs 2 others 2004 tzhccomd 35 1 october 2004

Court

TZHCCOMD

The court held that site clearance and tree removal were separate contractual items, and awarded the builder payment, with interest limited and one claim dismissed.

• Contract interpretation
• Variation of contract
• Quantum meruit
• Interest on delayed payments
• Authority of agents
• Adjudication in construction contracts

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