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Tanzania decisions
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The applicant failed to establish irreparable loss as all alleged harms are compensable by monetary damages. The contract had already been terminated and a third party engaged, so the balance of convenience did not favor the applicant. The preconditions for granting a temporary injunction were not met.
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The High Court held that the plaintiffs breached tenancy agreements by sub-leasing market stalls without consent, so the council lawfully terminated the contracts.
The High Court dismissed a civil appeal over a car-hire contract, holding that the trial court properly evaluated evidence and that payment was proved by vouchers and bank slips.
The Defendant breached the lease agreement by failing to pay the upfront rent of USD 180,000, an obligation that accrued prior to termination and survived the mutual termination as per the notice of intention to terminate and the lease agreement.
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The High Court held the applicant was a freelancer, not an employee, but ordered MIC Tanzania Ltd to pay one month’s commission in lieu of notice.
The 1st defendant fundamentally breached the construction contract by failing to complete the works and address the plaintiff's complaints. The plaintiff lawfully terminated the contract under clause 18, but also contributed to the breach by making payments without joint measurement and failing to invoke liquidated damages under clause 13. The 2nd defendant is not liable under the bonds because the plaintiff failed to notify the insurer of the 1st defendant's default prior to termination, as required by the bond terms. Both the main suit and the counterclaim are dismissed due to mutual breach…
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The High Court of Tanzania dismissed an application for a temporary injunction over land redevelopment, finding the injunction tests were not fully satisfied.
The High Court dismissed Access Bank’s appeal, upheld the trial judgment, and found no entitlement to USD 21,000 unutilized rent because the premises were not handed back.
The High Court dismissed EASTC’s counterclaim over a construction contract, finding EASTC failed to prove the contractor materially breached the agreement.
The plaintiff Joint Venture was legally constituted and had capacity to contract. The 1st defendant breached the agreements by delays in approving variations, delayed payments, failure to hand over sites, and non-determination of final accounts. Variations effected by site instructions, though not strictly following FIDIC procedures, were executed and consented to, entitling the plaintiff to compensation. Claims for specific damages were granted where strictly proved; general damages were awarded for prolonged inconvenience and reputational harm. Reliefs were ordered as detailed in the judgme…
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