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Tanzania decisions
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The Court of Appeal held that the settlement agreement was invalid for lack of free consent and consideration, and allowed the appeal.
The agreements between the parties constituted valid loan contracts, not partnership; breach of contract was established, and excuses such as sickness or lack of time limit do not invalidate the contract or excuse non-performance.
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The appellant failed to prove coercion or undue influence at the time of signing the contract. The evidence established that the contract was executed voluntarily, witnessed by an advocate and another individual, and the appellant admitted to signing it without force. The respondent's evidence was more credible, proving ownership and the appellant's obligation under the contract. The contract is valid and binding.
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The termination of employment was validly effected by mutual agreement between the applicant and respondent, as evidenced by the signed agreement (exhibit M2), and the use of a different company seal was a technical error that did not affect the validity of the agreement. The applicant recognized and consented to the agreement, and the procedural requirements for disciplinary termination were not applicable where mutual agreement to terminate existed.
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The court held that there was a valid contract between the plaintiff and the 1st defendant for the sale and transfer of Prospecting Licence No. PL 12103/2022, as the 1st defendant failed to prove coercion. The subsequent contract between the 1st and 2nd defendants was invalid as the 1st defendant had already transferred rights to the plaintiff and had nothing left to sell. The 1st defendant breached the contract by halting the transfer and selling to the 2nd defendant. The transfer by the 3rd defendant to the 2nd defendant was unlawful. The 2nd defendant was not a bonafide purchaser due to la…
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The Court of Appeal held that a mining contract was void because not all co-owners of the primary mining licences signed it and two signatories had no interest in the licences.
The High Court refused registration and enforcement of a foreign arbitral award because it conflicted with an earlier Tanzanian judgment declaring the underlying agreement void ab initio.
The grounds of appeal failed because the issues of non-payment of full purchase price and lack of spousal consent were not pleaded or determined at trial, and cannot be raised for the first time on appeal. The tribunal's decision was based on evidence and proper legal principles.
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The Court of Appeal held that an agreement for sale of business assets dated 1 January 2003 was void for lack of consideration, but upheld liability for the unpaid purchase balance and corrected the interest rate.
The agreement between the appellant and respondents was valid and enforceable as it met all legal requirements, and the appellant failed to honor his obligations under the contract. The legality of the first respondent's business was not challenged at trial and does not affect the enforceability of the contract.
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