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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aggreko international trade consultancy services limited 2023 tzca 17781 27 october 2023

Court

TZCA

The Court of Appeal held that no enforceable oral consultancy agreement was proved, so the commission claim failed. It upheld the filing of fresh witness statements.

• Oral contracts
• Consultancy agreements
• Consideration
• Amendment of witness statements
• Oral-contracts
• Consultancy-agreements

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khaisa enterprises ltd vs principal secretary ministry of defence and national service another 2019 tzca 613 21 june 2019

Court

TZCA

The Court of Appeal held that a letter expressing interest in helicopters was only an invitation to treat, so no contract existed between the parties.

• Existence of contract
• Agency
• Consultancy agreements
• Damages for breach of contract
• Invitation to treat
• Contract-law

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khaisa enterprises ltd vs principal secretary ministry of defence national service another 2019 tzca 166 18 june 2019

Court

TZCA

The Court of Appeal held there was no contractual relationship between Khalsa Enterprises and the Ministry of Defence, so the appeal for damages failed.

• Existence of contract
• Breach of contract
• Agency
• Damages
• Consultancy agreements
• Contract-law

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20190616 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a mining consultancy contract claim, finding no proven breach because the plaintiff failed to show the required written notice of breach.

• Breach of contract
• Consultancy agreements
• Burden of proof
• Breach-of-contract
• Consultancy-agreements
• Burden-of-proof

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MS TAXPLAN ASSOCIATES LTD VS MS TANCAN MINING CO

Court

TANZLII

There was a binding contract between the plaintiff and defendant for tax consultancy services, evidenced by the defendant's appointment letter. Although no specific fee was agreed, the law and business custom imply a right to reasonable remuneration. The plaintiff's lump sum claim was unsupported by a breakdown of tasks, so the court assessed reasonable fees based on the period of engagement, awarding USD 67,800. No interest was granted due to the absence of an agreed payment term. Half costs were awarded to the plaintiff.

Source excerpt

• Consultancy agreements
• Professional fees
• Breach of contract
• Implied terms
• Interest on judgment debts

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20060206 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a civil suit as baseless, vexatious, and unrealistic, holding that it disclosed no cause of action and awarding costs to the defendant.

• Consultancy agreements
• Cause of action
• Preliminary objections
• Speculative claims
• Civil-procedure
• Cause-of-action

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NA TZCA Dar es Salaam 2

Court

TZCA

The appellant was only entitled to payment for the external survey (Shs. 775,000) as the internal survey was not payable until a Right of Occupancy was obtained. The respondent's counterclaim for overpayment and penalties, having been struck out, could not be granted. The trial judge erred in ordering repayment and penalties to the respondent. The proper order was judgment for the appellant for Shs. 775,000 and a declaration of overpayment by the respondent of Shs. 1.7 million.

Source excerpt

• Consultancy agreements
• Payment of professional fees
• Right of occupancy
• Quantum meruit
• Counterclaim procedure

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