Tanzania Case Law

PAMOJA MINING

Court

TANZLII

The Memorandum of Understanding (MOU) was a letter of intent and not an enforceable contract, as its terms were never executed or incorporated into a revised lease agreement. The original lease agreement dated 13 June 2012, which provided for rent to be offset against a TZS 95,000,000 loan, remained valid and binding. The defendant was not in arrears, as the rent had already been covered by the loan, and the plaintiff failed to prove his claims on the balance of probabilities.

Source excerpt

• Lease agreements
• Memorandum of understanding
• Contract formation
• Rent arrears
• Burden of proof

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sarrchem international tanzania limited vs wande printing and packaging company limited 2021 tzhccomd 3285 14 july 2021

Court

TZHCCOMD

The existence of a binding contract was established by the signed MoU and supporting correspondence. Defendant's denial was unfounded. Defendant breached the contract by failing to pay the agreed amount. Plaintiff is entitled to the outstanding sum, interest, and costs.

Source excerpt

• Breach of contract
• Memorandum of understanding
• Payment of debt
• Interest on judgment debt
• Costs

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fauzia jamal mohamed vs oceanic bay hotel ltd 2020 tzca 3 21 january 2020

Court

TZCA

The Court of Appeal allowed an appeal over an alleged house sale MoU, holding the respondent had not proved ownership, valid agreement, or sale consideration.

• Specific performance
• Memorandum of understanding
• Ownership dispute
• Burden of proof
• Expert evidence
• Refund of payments

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soulted river auction mart co ltd vs dkm t mfc ltd another 2018 tzhccomd 82 25 june 2018

Court

TZHCCOMD

The High Court dismissed a claim for TZS 50,000,000, finding no proof of breach, no contractual right to commission, and no proved auction sale.

• Breach of contract
• Auctioneer services
• Memorandum of understanding
• Remuneration disputes
• Breach-of-contract
• Auctioneer-services

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registered trustees of vignan educational foundation bangalore india another vs national development corporation others 2018 tzhclandd 33 27 february 2018

Court

TANZLII

The High Court Land Division dismissed IMTU’s suit over leased premises in Dar es Salaam and upheld NDC’s counterclaim for rent arrears, finding no breach or lease extension.

• Lease agreements
• Memorandum of understanding
• Eviction
• Rent arrears
• Indemnification
• Adverse possession

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tol gases limited vs chang qing international investment limited 2015 tzhccomd 18 31 july 2015

Court

TZHCCOMD

The High Court held that the parties’ MOU was valid and binding, found the defendant breached it by retaining and using TOL’s cylinders, and awarded damages and injunctive relief.

• Memorandum of understanding
• Execution of company documents
• Breach of contract
• Damages
• Restraint of trade
• Memorandum-of-understanding

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angelina lugeleka vs ded sengerema dc another 2014 tzhc 2245 18 september 2014

Court

TZHC

The High Court held that the plaintiff failed to prove ownership or development of the disputed property and dismissed her claims for damages and return of the building.

• Ownership of land
• Special damages
• Company liability
• Memorandum of understanding
• Burden of proof
• Ownership-of-land

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nsagali co ltd vs barclays bank t ltd 2011 tzhccomd 2052 21 november 2011

Court

TZHCCOMD

The High Court held that the parties’ MOU was a binding contract, found the bank breached it by terminating prematurely, and awarded rental loss damages.

• Memorandum of understanding
• Breach of contract
• Damages
• Specific performance
• Lease agreements
• Breach-of-contract

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tafico mwanza 1998 co ltd vs presidential parastatal sector reform commission 2003 tzhc 75 29 may 2003

Court

TZHC

The High Court granted leave to file proceedings against the Presidential Parastatal Sector Reform Commission, holding the cited statutes did not bar the application.

• Leave to institute proceedings
• Memorandum of understanding
• Damages for non-performance
• Leave-to-institute-proceedings
• Civil-procedure
• Public-corporations-law

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20010123 TZHC Dar es Salaam

Court

TZHC

The High Court struck out late written submissions and dismissed an application to record payment and adjustment of a decree, holding it was time barred.

• Execution of decree
• Limitation of actions
• Adjustment of decree
• Memorandum of understanding
• Civil-procedure
• Execution-of-decree

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