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Tanzania decisions
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The High Court dismissed a contractor’s claim that CRDB promised a collateral-free loan. It found no implied contract and awarded costs to the bank.
The appellant was bound by an implied contract to keep the respondent’s vehicle safely for a reasonable time. The respondent’s lack of follow-up did not constitute legal abandonment. The appellant’s sale of the vehicle was improper, and compensation must reflect the vehicle’s proven value. The trial court erred in finding negligence but was correct in awarding compensation, though the amount should be TZS 80,000,000, not TZS 25,000,000.
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Despite the Credit Sale Agreement not being fully adhered to, the conduct of the parties—delivery, acceptance, and partial payment for the machines—established a binding contractual obligation under the Sale of Goods Act, obliging the appellant to pay the outstanding balance.
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The court found that an implied two-year contract existed by conduct, but as negotiations were ongoing and the contract was not sealed, the respondent was not entitled to 19 months' salary or general damages. Only salary for days worked before termination is payable if not already paid.
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The High Court found that fertilizer supplies continued after the written contract expired, creating an implied sale contract and liability for unpaid goods.
The High Court dismissed an appeal over an overdraft dispute, holding that non est factum did not apply and that an implied contract supported the bank’s claim.
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