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Tanzania decisions
Decisions matching the current search
The High Court struck out a civil suit after finding it lacked jurisdiction, the plaintiff had no locus standi, and the plaint disclosed no cause of action.
The High Court upheld a CMA award dismissing a revision challenge over termination of a teacher for lacking a teaching certificate.
The High Court reduced rental arrears, held the appellant lacked capacity to contract over the estate, and confirmed the appellant’s beneficiary status.
Plaintiff is entitled to refund of the loan advanced under a void contract, but not to interest, damages, or lifting of the corporate veil, as the contract was void ab initio and parties must be restored to their original positions.
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The Commission for Mediation and Arbitration lacked jurisdiction to entertain the dispute because the respondent, a foreign employee, did not tender a valid work permit, rendering the employment contract void and unenforceable under Tanzanian law.
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The appellant did not breach any term of the loan facility agreement as there was no contractual obligation to manage the respondent's account; the High Court erred in finding breach and voidness. The respondents failed to repay the loan as agreed and are liable for breach. The loan facility transaction was not void under Tanzanian contract law.
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There was no valid loan agreement between the Plaintiff and any of the Defendants because the 1st Defendant lacked authority to bind the 3rd Defendant and the 2nd Defendant was not a party. However, as the 3rd Defendant received the benefit of the loan, it is bound to restore the outstanding amount to the Plaintiff under section 65 of the Law of Contract Act. Claims for contractual interest and damages are denied as the contract is void.
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The Court of Appeal held that a mining contract was void because not all co-owners of the primary mining licences signed it and two signatories had no interest in the licences.
The application for leave to appeal is meritorious as the grounds raise arguable issues regarding entitlement to damages and alleged misrepresentation, warranting consideration by the Court of Appeal.
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The High Court held the hotel-levy contract void for illegality, rejected damages and compensation, and ordered restitution of Tshs 5,600,000 to Monica Alex.
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