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Tanzania Case Law

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Contract 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

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

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.

  • Consultancy agreements
  • Force majeure
  • Liquidated damages
  • Breach of contract
  • Frustration of contract
  • Estoppel
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Contract law am trailer manufacturer limited vs ncba bank tanzania limited 2023 tzhccomd 318 8 september 2023

am trailer manufacturer limited vs ncba bank tanzania limited 2023 tzhccomd 318 8 september 2023

Commercial dispute over delayed vacant possession of sold property, alleged misrepresentation, and damages. The court found breach but dismissed the claim after affirmation and compensation.

  • Breach of contract
  • Force majeure
  • Fraudulent misrepresentation
  • Damages
  • Estoppel
  • Breach-of-contract
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Land law Land Appeal No

Land Appeal No

The Tribunal's failure to consider the issue of force majeure, which arose by necessary implication from the evidence, and its inadequate evaluation of evidence constituted material irregularities rendering its judgment defective and necessitating a retrial.

  • Force majeure
  • Frustration of contract
  • Evaluation of evidence
  • Loan agreements
  • Public policy
  • Remittal for retrial
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Contract law kahama oil mills ltd another vs messina t ltd 2022 tzhccomd 196 26 july 2022

kahama oil mills ltd another vs messina t ltd 2022 tzhccomd 196 26 july 2022

The High Court held the plaintiffs liable for demurrage on delayed container returns, rejected force majeure, and granted the defendant’s counterclaim in part.

  • Demurrage charges
  • Force majeure
  • Container lease
  • Contractual obligations
  • Counterclaim
  • Demurrage-charges
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Contract law MABAMBA INVESTMENT

MABAMBA INVESTMENT

The claim was prematurely filed as the contract required completion of audit to ascertain actual profit before payment of the remaining 8%. General damages cannot be awarded where specific damages are not proved and the case is premature.

  • Breach of contract
  • Premature filing
  • Damages
  • Force majeure
  • Audit requirements
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Administrative law nijimbere v east african community secretariat reference 7 of 2015 2016 eacj 62 23 march 2016

nijimbere v east african community secretariat reference 7 of 2015 2016 eacj 62 23 march 2016

The Court dismissed a challenge to an EAC recruitment decision, holding that refusing a special interview dispensation did not breach Treaty principles or amount to discrimination.

  • Recruitment procedures
  • Equal opportunity
  • Discrimination
  • Force majeure
  • Treaty interpretation
  • Recruitment-procedure
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Civil procedure MATHIAS EPHRAIM HANAI VS NBC LTD MISC

MATHIAS EPHRAIM HANAI VS NBC LTD MISC

The applicant failed to satisfy the statutory conditions for leave to defend a summary suit, having admitted to taking and defaulting on the loan without demonstrating payment or discharge. Force majeure is not a valid defense under the relevant provisions. Leave to defend is refused and the application is dismissed.

  • Summary procedure
  • Loan recovery
  • Leave to defend
  • Force majeure
  • Mortgage financing
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Administrative law 19990324 TZHC Dar es Salaam

19990324 TZHC Dar es Salaam

The Force Majeure clause in the Agreement and prospecting licence was inconsistent with the Mining Act and thus void; as a result, MOBRAMA's licence expired by operation of law, leaving no basis for the grant of prerogative orders. The Minister's statutory discretion to prescribe the area of a prospecting licence was not fettered by the Agreement, and the exclusion of 'TR1' and 'TR2' was lawful.

  • Judicial review
  • Prerogative orders
  • Force majeure
  • Ultra vires
  • Statutory interpretation
  • Mining licences
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.