Tanzania Case Law

baco ayub co ltd vs permanent secretary ministry of defence and national sercive 2023 tzhccomd 15 9 february 2023

Court

TZHCCOMD

A binding contract was formed by the letter of award; the Defendants breached the contract by unilaterally cancelling the tender and failing to pay after the Plaintiff performed its obligations. The Plaintiff is entitled to the contract sum and general damages, but not to unproven specific or punitive damages.

Source excerpt

• Breach of contract
• Specific performance
• Damages
• Public procurement procedures

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emerging power t ltd vs the public procurement appeal authority and another 2021 tzhc 6715 28 october 2021

Court

TZHC

The High Court dismissed a judicial review challenge to the PPAA’s ruling, holding that the applicant lacked authority to act for the consortium and that the decision was lawful.

• Judicial review
• Certiorari
• Mandamus
• Locus standi
• Public procurement procedures
• Judicial-review

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emerging market power t ltd vs public procurement appeals authority and another 2021 tzhc 6716 28 october 2021

Court

TZHC

The High Court dismissed a judicial review challenge to a procurement appeal ruling, holding that the applicant lacked merit in attacking the PPAA decision on locus standi and authority.

• Judicial review
• Locus standi
• Certiorari
• Mandamus
• Public procurement procedures
• Judicial-review

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BACO AND AYUB TRADING CO

Court

TANZLII

There was no valid and binding contract between the plaintiff and the defendants as the award letter did not constitute acceptance, no contract was signed, and the plaintiff failed to comply with the required formalities. Therefore, there was no breach of contract and the plaintiff is not entitled to the reliefs claimed.

Source excerpt

• Formation of contract
• Tender process
• Breach of contract
• Sales of goods
• Public procurement procedures

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