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Tanzania decisions
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The High Court dismissed a civil appeal over a timber supply dispute, upholding the trial court’s decision that the appellant failed to prove her claim and that the respondent proved his counterclaim.
The appellant failed to prove coercion or undue influence at the time of signing the contract. The evidence established that the contract was executed voluntarily, witnessed by an advocate and another individual, and the appellant admitted to signing it without force. The respondent's evidence was more credible, proving ownership and the appellant's obligation under the contract. The contract is valid and binding.
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The appellant failed to provide credible evidence of coercion regarding exhibit KEM6, and the respondent's documentary evidence, including the appellant's acknowledgment of debt, outweighed the appellant's oral denial. The lower courts correctly found for the respondent on the balance of probabilities.
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The High Court upheld a finding that a 17 June 2014 agreement was void for lack of free consent, and dismissed the appeal and counterclaim.
The appellant failed to prove coercion or any vitiating factor; the loan agreement was voluntarily executed and enforceable. The first appellate court properly evaluated the evidence and correctly enforced the contract. The appeal lacked merit and was dismissed.
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The court found that both oral and written contracts existed between the plaintiff and the defendant, that the defendant breached the contract by failing to pay for supplied materials, and that the plaintiff was coerced to deposit Tshs.69,327,811/- into the defendant's account through PCCB. The plaintiff proved specific damages of Tshs.144,244,772/-, was entitled to refund of the coerced amount, and to general damages for breach. The defendants failed to prove fraud or overpayment, and the plaintiff's claims were supported by documentary and oral evidence.
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