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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sheria rashid maarifa vs bakari said uvango 2023 tzhc 23905 18 december 2023

Court

TZHC

High Court appeal over a house-sale contract dispute upheld liability for breach, rejected frustration, reduced general damages from TZS 30 million to TZS 10 million, and dismissed the counterclaim.

• Breach of contract
• General damages
• Counterclaim
• Frustration of contract
• Breach-of-contract
• Frustration-of-contract

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stanbic bank t ltd vs maxcom africa public ltd 7 others 2023 tzhccomd 103 6 april 2023

Court

TZHCCOMD

The 1st defendant breached facility letters by defaulting repayment of term loan and overdraft. The 2nd to 8th defendants, as guarantors, are liable due to co-extensive liability and knowledge of default. No frustration occurred as restructuring and business continued after government service termination. No new binding financial arrangement was formed as conditions for acceptance of facility letter dated 5th May 2021 were not met. Interest rates agreed were contractual, below Central Bank threshold, and not proven illegal or exorbitant. Plaintiff entitled to outstanding sum, post-judgment in…

Source excerpt

• Loan default
• Guarantee liability
• Mortgage enforcement
• Interest rate disputes
• Contractual breach
• Frustration of contract

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ROSE M

Court

TANZLII

Applicant was constructively dismissed due to intolerable working conditions created by the respondent, amounting to unfair termination under Tanzanian labour law. CMA's award was based on frustration of contract, which was not supported by facts or raised by parties.

Source excerpt

• Unfair termination
• Constructive dismissal
• Procedural fairness
• Frustration of contract

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Land Appeal No

Court

TANZLII

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.

Source excerpt

• Force majeure
• Frustration of contract
• Evaluation of evidence
• Loan agreements
• Public policy
• Remittal for retrial

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ms arusha duluti limited vs ms green apartments limited 2022 tzhc 15662 14 december 2022

Court

TZHC

The High Court held that the land sale agreement was valid and not frustrated, and that the defendant breached it by failing to pay the balance.

• Breach of contract
• Sale of land
• Foreign ownership of land
• Frustration of contract
• Breach-of-contract
• Sale-of-land

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nmb bank plc vs seiph idd seiph seifu iddy seifu seifu idd seifu sifu iddy sif 2022 tzhc 14676 31 may 2022

Court

TZHC

The High Court allowed a bank’s appeal, held the borrower breached a loan agreement, rejected frustration by Covid-19, and restored the bank’s monetary and sale remedies.

• Breach of contract
• Frustration of contract
• Loan agreements
• Remedies
• Pleadings
• Breach-of-contract

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bodi ya wadhamin

Court

TANZLII

The CMA erred in awarding TZS 115,545,973/= to the 1st respondents without specific proof of individual claims, as only one witness testified and no documentary evidence substantiated the amounts. The claims were not common and required individual proof. The issue of frustration does not arise as the applicant was still the employer at the relevant time and was required to settle outstanding claims before handing over the school.

Source excerpt

• Salary arrears
• Gratuity
• Burden of proof
• Representative suits
• Frustration of contract

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southern sun hotels tanzania ltd vs the labour commission 2021 tzhc 10715 10 december 2021

Court

TZHC

The High Court upheld a labour compliance order on unpaid wages, but excluded 17 employees who later signed valid mutual separation agreements.

• Compliance order
• Employment termination
• Frustration of contract
• Remuneration
• Delegation of authority
• Mutual separation agreement

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bank of baroda tanzania limited vs nkt limited and 6 others 2021 tzhccomd 3439 18 august 2021

Court

TZHCCOMD

The Defendants defaulted on their repayment obligations under the loan agreement. The alleged frustration was foreseeable and does not discharge the Defendants from liability. The Plaintiff is entitled to recover the outstanding loan amount, interest, and enforce the securities pledged.

Source excerpt

• Loan default
• Guarantee liability
• Frustration of contract
• Mortgage enforcement

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