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Tanzania decisions
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The contract was a framework contract requiring execution through purchase orders; no purchase order was issued, so no breach occurred and plaintiff is not entitled to damages.
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The High Court Land Division held the plaintiff failed to prove title to Plot No. 2466/208, upheld the second defendant’s ownership, and awarded rent arrears.
The High Court partly allowed an appeal over a disputed Tshs. 35 million investment, reducing specific damages to Tshs. 30.5 million while upholding general damages.
The defendant breached the settlement agreement dated 23rd January 2023 by failing to pay the agreed outstanding rental charges and interests, as evidenced by the dishonoured cheques and lack of contrary evidence. The plaintiff is entitled to the outstanding sum, penal interest, general damages, and costs, but not to unproven special damages or anticipatory income.
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The cause of action arose partly in Moshi due to the subsequent agreement and meeting held there, thus the trial court had jurisdiction. The trial court erred in awarding 20% interest on specific damages when only 12% was pleaded; the award is adjusted to 12% interest at court rate.
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The defendant breached the construction contract by failing to insure the project, performing substandard work, and not completing the project within the agreed period, causing loss to the plaintiffs. However, the plaintiffs failed to strictly prove specific damages for materials and rehabilitation costs, and loss of profit was speculative. General damages were awarded due to the proven breach, with a reduction for contributory negligence and partial force majeure.
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Commercial contract dispute over unpaid balance and alleged defective supplies: the court found the defendant breached the agreement and dismissed the counterclaim.
High Court commercial case finding a distributorship agreement, breach by the defendant, wrongful bank guarantee recall, and dismissal of the defendant's counterclaim.
The plaintiff Joint Venture was legally constituted and had capacity to contract. The 1st defendant breached the agreements by delays in approving variations, delayed payments, failure to hand over sites, and non-determination of final accounts. Variations effected by site instructions, though not strictly following FIDIC procedures, were executed and consented to, entitling the plaintiff to compensation. Claims for specific damages were granted where strictly proved; general damages were awarded for prolonged inconvenience and reputational harm. Reliefs were ordered as detailed in the judgme…
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The High Court allowed an appeal concerning delayed return of title security, excluding secondary evidence and reducing damages to TZS 500,000.
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