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Tanzania Case Law

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Contract law Judgement Civil Case No

Judgement Civil Case No

The defendant breached the construction contract by failing to insure the project, performing substandard work, and not completing the project within the agreed period, causing loss to the plaintiffs. However, the plaintiffs failed to strictly prove specific damages for materials and rehabilitation costs, and loss of profit was speculative. General damages were awarded due to the proven breach, with a reduction for contributory negligence and partial force majeure.

  • Breach of contract
  • Damages
  • Construction contracts
  • Specific and general damages
  • Interest on judgments
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Contract law image6433

image6433

The court found that both oral and written contracts existed between the plaintiff and the defendant, that the defendant breached the contract by failing to pay for supplied materials, and that the plaintiff was coerced to deposit Tshs.69,327,811/- into the defendant's account through PCCB. The plaintiff proved specific damages of Tshs.144,244,772/-, was entitled to refund of the coerced amount, and to general damages for breach. The defendants failed to prove fraud or overpayment, and the plaintiff's claims were supported by documentary and oral evidence.

  • Breach of contract
  • Specific damages
  • General damages
  • Coercion
  • Restitution
  • Interest on judgments
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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.