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Tanzania decisions
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The court dismissed a contract claim by 19 plaintiffs after finding no proof of any contract or registered group, so there was no breach or damages payable.
There was a valid contract between the parties as evidenced by the respondent's request and promise to reimburse the appellant for travel to attend matrimonial settlement. However, the appellant failed to prove the claimed amount of TZS 1,026,000 as the documentary evidence was inadmissible and not linked to the oral testimony, and the burden of proof was not discharged on the balance of probability.
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The plaintiff failed to prove the existence of a valid contract due to lack of evidence regarding the underlying transaction, discrepancies in dates and documents, and failure to call material witnesses. Without proof of contract, claims for breach and loss collapse.
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Court of Appeal of Tanzania upheld liability for breach of contract and liquidated damages, but set aside the 9.75% interest award for lack of proof.
There was a contract by conduct; respondent shipped the cargo and is entitled to payment, but failed to prove agreed shipment costs of USD 17,345. Appellant's offer of Tshs. 20,000,000/= is awarded. Electronic evidence was properly admitted. Commercial interest applies up to judgment, court rate thereafter.
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Appellant failed to prove existence of a valid contract and failed to substantiate claim for repayment of TZS. 70,000,000.00 on balance of probabilities; evidence did not support the pleaded case.
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The Court of Appeal held that a letter expressing interest in helicopters was only an invitation to treat, so no contract existed between the parties.
The Court of Appeal held there was no contractual relationship between Khalsa Enterprises and the Ministry of Defence, so the appeal for damages failed.
The plaintiff failed to prove existence of a valid contract, either oral or written, between itself and the defendants; documentary evidence did not establish contractual privity or direct involvement of defendants; absence of key witnesses and inconsistencies in pleadings and evidence precluded liability; therefore, no breach or entitlement to relief.
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The High Court dismissed a commission claim for Mwanza Airport tender facilitation, finding no binding agreement or proved services and noting an arbitration clause.
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