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Tanzania decisions
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The High Court allowed a second appeal, restored the primary court judgment, and ordered the respondent to refund TZS 1,500,000 for an unowned plot.
Plaintiff failed to pay the full purchase price, voluntarily entered into termination agreement, and thus breached the contract; defendant did not breach the sale agreement.
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Default judgment for the plaintiffs in a commercial dispute over refund of money, return of semi-refined gold, damages, interest, and costs.
The plaintiff failed to prove that the Specimen Signature Card was forged or that the withdrawal mandate was 'Two to sign'; no evidence established fraud or conspiracy between the first and second defendants; the plaintiff, as a co-director and guarantor, is jointly and severally liable for the overdraft, but is entitled to a grace period for repayment and a refund from the first defendant for the amount withdrawn without his consent.
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Defendant breached the sale agreement by delivering a defective and stolen vehicle, failed to replace or refund, entitling Plaintiff to refund of USD 120,000, commercial and court interest, and costs; general damages not awarded due to lack of proof.
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On appeal in a dispute over two cupboards, the High Court held the respondent was to blame for the delay and was entitled only to a refund of the amount paid.
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