Tanzania Case Law

elizabeth thomasi olutu v milton lusajo lazaro 2023 tzhclandd 16652 30 june 2023

Court

TANZLII

The suit is not time barred because the cause of action, based on alleged fraud, arose on 17 January 2016 when the plaintiff discovered the defendant's transfer of the property. Under section 26 of the Law of Limitation Act, the limitation period runs from discovery of the fraud, and the suit was filed within 12 years for land claims. The contract limitation argument does not apply as the subject matter is interest in land and the agreement cannot be separated from the land claim.

Source excerpt

• Limitation of actions
• Fraud
• Joint venture agreements
• Land ownership
• Preliminary objection

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CIVIL APPEAL NO 152 OF 2022 KINONDONI MUNICIPAL COUNCIL ANOTHER VS OYSTERBAY VILLAS LIMITED

Court

TANZLII

The appellant breached the agreements by failing to transfer the right of occupancy into joint names as contractually required. The agreements were limited to the unexpired residual term of the original right of occupancy, not subject to automatic renewal. No damages were awarded as the respondent failed to prove actual loss.

Source excerpt

• Joint venture agreements
• Breach of contract
• Specific performance
• Joint ownership of property
• Renewal of right of occupancy
• Damages

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registered trustees of tanzania society for prevention of cruelty to animals tspca vs blue horizon tanzania limited 2021 tzhccomd 3395 4 november 2021

Court

TZHCCOMD

The High Court struck out an execution application, holding that the executing court cannot enforce an order not clearly reflected in the decree.

• Execution of decrees
• Joint venture agreements
• Execution-of-decree
• Civil-procedure
• Commercial-law
• Joint-venture-agreements

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the registered trustees of tanzania society for prevention of cruelty to animals 2021 tzhccomd 3392 4 november 2021

Court

TZHCCOMD

The High Court struck out an execution application because the order sought was not reflected in the decree. Execution must follow the decree, not the underlying agreement.

• Execution of decrees
• Joint venture agreements
• Execution-of-decrees
• Civil-procedure
• Joint-venture-agreements

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a nkini associates limited vs national housing corporation 2021 tzca 564 23 september 2021

Court

TZCA

The Court of Appeal dismissed Dr. A Nkini & Associates Limited’s appeal, holding that it failed to prove it had funds to finance the joint venture project, a core contractual obligation.

• Joint venture agreements
• Breach of contract
• Burden of proof
• Award of costs
• Contractual obligations
• Breach-of-contract

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oysterbay villas limited vs the kinondoni municipal council and another 2021 tzhccomd 3309 16 july 2021

Court

TZHCCOMD

The High Court of Tanzania held that both sides contributed to a dispute over joint venture property titles, ordered renewal steps, and rejected damages for lack of proof.

• Joint venture agreements
• Breach of contract
• Joint ownership
• Right of occupancy
• Unit titles
• Build operate transfer (bot)

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oysterbay villas ltd vs the kinondoni municipal council and another 2021 tzhccomd 3469 16 july 2021

Court

TZHCCOMD

High Court of Tanzania commercial dispute over a joint venture land project partly allowed specific performance, but rejected breach and damages claims.

• Joint venture agreements
• Breach of contract
• Land ownership
• Right of occupancy
• Unit titles
• Build operate transfer (bot)

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oysterbay villas limited vs kinondoni municipal council another 2021 tzca 190 7 may 2021

Court

TZCA

The Court of Appeal set aside a High Court judgment after finding the trial judge decided a new issue without hearing the parties, violating natural justice.

• Breach of contract
• Natural justice
• Right to be heard
• Joint venture agreements
• Land disposition approval
• Natural-justice

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constantine stephen kalipen vs tarek han farhat 2021 tzhccomd 2061 9 april 2021

Court

TZHCCOMD

The High Court terminated a joint venture agreement for unpaid annual fees, found no valid long-term lease was proved, and ordered the defendant to vacate the property.

• Breach of contract
• Joint venture agreements
• Lease agreements
• Termination of contract
• Remedies for breach
• Breach-of-contract

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oysterbay villas ltd vs kinondoni municipal council 2019 tzhccomd 124 8 february 2019

Court

TZHCCOMD

High Court commercial dispute over joint venture land agreements; the court held there was no breach, declined the plaintiff’s claims, and dismissed the suit with costs.

• Joint venture agreements
• Land ownership
• Breach of contract
• Remedies for unenforceable contracts
• Breach-of-contract
• Joint-venture-agreements

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