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Tanzania Case Law

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Civil procedure MOHAMED GAHER VS ETHALION LTD COMM CASE NO

MOHAMED GAHER VS ETHALION LTD COMM CASE NO

Court
TANZLII

The suit is res judicata as all five conditions under section 9 of the Civil Procedure Code are met: the matter in issue, parties, title, competent court, and finality of the previous decision in Commercial Case No. 97 of 2020. The plaintiffs' claims are substantially the same as those previously litigated, and the inclusion of the 3rd plaintiff does not alter the application of res judicata. The suit is therefore dismissed.

Source excerpt

  • Res judicata
  • Share purchase agreement
  • Breach of contract
  • Limitation of actions
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Contract law muhuza nyakirangaani vs sec invest holdings ltd 2 others 2023 tzhccomd 134 10 may 2023

muhuza nyakirangaani vs sec invest holdings ltd 2 others 2023 tzhccomd 134 10 may 2023

Court
TZHCCOMD

The 1st defendant failed to pay the full consideration for the share purchase agreement, with only USD 900,000 paid and USD 1.1 million outstanding; there was no contractual provision to convert the unpaid balance into a loan guarantee; this constitutes breach of contract, entitling the plaintiff to compensation for the unpaid amount and general damages.

Source excerpt

  • Share purchase agreement
  • Breach of contract
  • Damages
  • Share transfer
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Company law Mohamed Abdillah Nur Others vs Hamad Masauni Others Civil Appeal No

Mohamed Abdillah Nur Others vs Hamad Masauni Others Civil Appeal No

Court
TANZLII

The appeal was dismissed because the petition was a proper derivative action with statutory notice duly served and leave granted; the High Court was justified in granting consequential reliefs, including remission of shares and management, due to breach of the JVA and SPA and lack of consideration; general damages were justified based on the exclusion of minority shareholders and unjust enrichment; and the procedure of determining the petition by affidavits and written submissions was proper and caused no prejudice.

Source excerpt

  • Derivative action
  • Joint venture agreement
  • Share purchase agreement
  • Minority shareholder rights
  • Unjust enrichment
  • Company management
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.