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High Court appeal over refund of land-sale money dismissed. The court held the claim was for repayment after rescission, not land ownership, and res sub judice did not apply.
The appellant failed to discharge the burden of proof to establish ownership of the disputed land or to disprove rescission of the sale agreement, as oral and documentary evidence showed the sale was rescinded and most of the purchase price refunded. The tribunal was justified in determining the issue of the size of land sold, as it was in contention between the parties.
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The Court of Appeal found the appellant breached a land-sale agreement by failing to pay on time, upheld rescission, and confirmed the later buyer’s title, while correcting the refund amount.
Land appeal dismissed after the court held the appellant had altered the sale terms and accepted payments and plots, so he was estopped from claiming breach.
The respondent did not breach the payment schedule; the rescission and subsequent resale by the 1st appellant were unlawful. The respondent retained superior title, and the 2nd appellant was not entitled to mesne profits. The award of general damages was within the trial court's discretion.
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The High Court held that the purchaser breached a land sale agreement by failing to pay as agreed, so rescission was lawful. The plaintiff recovered TShs. 237,139,330.02.
Ex parte judgment in a land sale dispute: the court upheld the plaintiff’s agreement, set aside a later sale to third parties, and ordered specific performance.
The Court of Appeal held that an insurance contract remained in force despite non-disclosure issues, and awarded the insured US$140,000 indemnity.
A land sale dispute over a subdivided plot was dismissed after the court found the plaintiff breached the payment schedule and the seller could rescind the contract.
The appellant, as principal, was bound by the acts of its agent (Shani Auction Mart) in conducting the auction. The respondent was prevented by the appellant from paying the balance and taking delivery, constituting breach of contract by the appellant. The respondent is entitled to rescission, refund of the initial payment with interest, and general damages for loss of use and mental anguish.
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