Tanzania Case Law

MS SHABBIRDIN

Court

TANZLII

The supplementary arbitral award on remission is recognized and enforceable as a decree of the High Court because there are no legal obstacles under section 83(2)(b) of the Arbitration Act, the subject matter is arbitrable, and enforcement does not contravene any Tanzanian law or public policy. The respondent did not oppose the application, and the court found no ex officio grounds to refuse recognition.

Source excerpt

• Recognition and enforcement of arbitral awards
• Remission of arbitral awards
• Construction contracts
• Breach of contract

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leighton offshore pte ltd vs tanzania ports authority another 2023 tzhccomd 346 27 october 2023

Court

TZHCCOMD

The High Court held that Tanzania Ports Authority breached a construction contract by failing to pay an outstanding balance after completion and awarded partial relief.

• Breach of contract
• Construction contracts
• Outstanding payments
• Interest on late payment
• General damages
• Breach-of-contract

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juve construction and general trading cltd versus neema daniel kanyoro 2023 tzhc 19745 31 july 2023

Court

TZHC

High Court construction dispute over a clinic project. The court found the plaintiff breached the contract by not completing the work, but awarded TZS 45,000,000 for unpaid work done.

• Construction contracts
• Breach of contract
• Specific damages
• Burden of proof
• Addendum to contract
• Construction-contracts

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rahisi general merchant co ltd vs turkanya co ltd 3 others 2023 tzhccomd 182 23 june 2023

Court

TZHCCOMD

Default judgment in a commercial contract dispute. The High Court found the 1st defendant breached three construction contracts and awarded Tshs. 123,962,000 plus 7% interest.

• Breach of contract
• Construction contracts
• Corporate liability
• Damages
• Interest on judgment debt
• Breach-of-contract

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Judgement Civil Case No

Court

TANZLII

The defendant breached the construction contract by failing to insure the project, performing substandard work, and not completing the project within the agreed period, causing loss to the plaintiffs. However, the plaintiffs failed to strictly prove specific damages for materials and rehabilitation costs, and loss of profit was speculative. General damages were awarded due to the proven breach, with a reduction for contributory negligence and partial force majeure.

Source excerpt

• Breach of contract
• Damages
• Construction contracts
• Specific and general damages
• Interest on judgments

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The Board of Trustees of The PSSSF Another vs Estim Construction Company Limited Another CIVIL CASE NO

Court

TANZLII

The court found the deed of settlement duly signed and filed, meeting all legal requirements under Order XXIII Rule 3 of the Civil Procedure Code, and thus adopted it as the basis for consent judgment, marking the suit settled.

Source excerpt

• Settlement
• Adjudication
• Jurisdiction
• Construction contracts
• Dispute resolution

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CIVIL CASE NO

Court

TANZLII

Addendum No. 5 was not separate but part of the main contract; the plaintiff failed to prove non-payment of Tshs 76,417,758.2 as claimed, as the sum was included in the revised contract and mostly paid. The only outstanding amount is Tshs 23,872,906, which the plaintiff is entitled to, as the defect liability period expired without proper notice of defects from the defendant.

Source excerpt

• Construction contracts
• Variation of contract
• Payment disputes
• Burden of proof

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julius mwamlima vs lukani development association 2020 tzhc 4527 27 november 2020

Court

TZHC

The High Court dismissed an appeal over disputed construction-payment claims, finding the additional amounts were not proved against the respondent and setting aside unpleaded general damages.

• Burden of proof
• Oral agreements
• Construction contracts
• Pleadings and issues
• Damages
• Construction-contracts

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js khambaita ltd vs snowcrest hotel and wildlife safaris ltd 2020 tzhc 3900 24 november 2020

Court

TZHC

The High Court held that the defendant breached a 30 December 2014 payment agreement and awarded J.S. Khambaita Ltd USD 200,000 plus costs.

• Breach of contract
• Construction contracts
• Modification of contract
• Compensation for breach
• Breach-of-contract
• Construction-contracts

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maswi drilling co ltd vs sengerema district council 2020 tzhccomd 2017 10 july 2020

Court

TZHCCOMD

Commercial contract dispute over borehole drilling payments. The court allowed the claim in part, finding some work unpaid, some claims unsupported, and that unproductive boreholes could be withheld.

• Breach of contract
• Construction contracts
• Public procurement
• Damages
• Interest on late payment
• Breach-of-contract

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