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Tanzania decisions
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The court found that the conduct of the parties, issuance of invoice, and payment into the respondent's account established a valid contract of sale between the appellant and respondent. The respondent breached the contract by delivering a defective vehicle, entitling the appellant to replacement and general damages.
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The High Court Land Division struck out a suit over a house sale agreement, holding the dispute was about contract formation, not a land dispute.
The Memorandum of Understanding (MOU) was a letter of intent and not an enforceable contract, as its terms were never executed or incorporated into a revised lease agreement. The original lease agreement dated 13 June 2012, which provided for rent to be offset against a TZS 95,000,000 loan, remained valid and binding. The defendant was not in arrears, as the rent had already been covered by the loan, and the plaintiff failed to prove his claims on the balance of probabilities.
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The proforma invoices constituted a binding contract between the parties, which included a forum selection clause choosing English law and the jurisdiction of the High Court in London, UK. The Tanzanian court must stay proceedings to uphold party autonomy and the contractual bargain, pending determination of the claims in the chosen foreign court.
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The Resident Magistrate's Court had jurisdiction as the claim was not of commercial significance but a contract of carriage, and the monetary claim was within the enhanced statutory limit. Electronic evidence was improperly admitted and expunged. The existence of contract and breach was proved on balance of probability. Damages and interest were properly awarded based on statutory and evidentiary standards.
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The High Court dismissed an appeal over a disputed loan agreement, holding that the respondent proved the debt on a balance of probabilities despite no written contract being produced.
The High Court allowed a second appeal, held a written debt acknowledgment binding, and ordered payment of Tshs 9,000,000 plus a plot.
The Tribunal erred by relying on a document not admitted in evidence and by binding the appellant to an agreement not executed or authorized by him; therefore, the appellant cannot be held liable under the alleged contract.
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The High Court dismissed a civil appeal over Tshs. 6,000,000 paid for a promised land purchase, upholding the trial court’s findings on contract validity and res judicata.
The High Court held that David Joseph Mahende lawfully sold and transferred 10 shares to Afriscan Group, but the plaintiff failed to prove general damages.
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