Tanzania Case Law

AAfrica Geophysical Services Limited v Pan African Energy Tanzania Limited Judgment1

Court

TANZLII

The defendant unlawfully terminated the contract after affirming delays and variations, refused to accept mobilization completion, and failed to pay due invoices. The defendant's conduct amounted to novation and estoppel, barring reliance on original timelines. The plaintiff is entitled to specific and general damages. The defendant's counterclaim fails for lack of contractual basis and proof.

Source excerpt

• Breach of contract
• Unlawful termination
• Damages
• Variation of contract
• Novation
• Estoppel

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onaukiro anandumi ulimi vs standard oil comoany limited 3 others 2023 tzca 18010 19 december 2023

Court

TZCA

The appellant was not duly served with a notice of default as required by the mortgage deed and section 127(1) of the Land Act; however, the 4th respondent, having acquired registered title as a bonafide purchaser for value, is protected under section 135 of the Land Act, and the sale cannot be set aside in absence of fraud or misrepresentation.

Source excerpt

• Mortgage enforcement
• Notice requirements
• Bonafide purchaser protection
• Counterclaim procedure
• Default judgment
• Variation of contract

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christopher paul chale others vs commercial bank of africa tanzania limited 2023 tzca 17610 8 september 2023

Court

TZCA

The respondent bank was justified in debiting and remitting the funds due to exceptional circumstances including suspicion of money laundering, instructions from authorities, and demand from the sender; the second and third appellants were discharged from liability for subsequent advances as they did not consent to the variations or execute a deed of variation; only the first appellant remains liable for the outstanding amount under the third credit agreement.

Source excerpt

• Bank's right to debit account
• Guarantee and suretyship
• Mortgage liability
• Novation of contract
• Variation of contract
• Receiver appointment

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CamScanner 10 09 2023 07

Court

TANZLII

Failure to join the bona fide purchaser as a necessary party renders the proceedings before the DLHT null; any decision affecting the auctioned properties would affect the purchaser, making their inclusion mandatory.

Source excerpt

• Joinder of necessary parties
• Auction of mortgaged property
• Variation of contract
• Deed of settlement
• Consent judgment

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jv tangerm construction co ltd technocombine construction ltd a joint venture vs tanzania ports authority another 2022 tzhccomd 180 4 july 2022

Court

TZHCCOMD

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…

Source excerpt

• Breach of contract
• Variation of contract
• Damages
• Interest on delayed payments
• Joint venture legal status
• Termination of contract

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north mara gold mines limited vkiribo limited 2022 tzhccomd 55 14 march 2022

Court

TZHCCOMD

The High Court refused to stay commercial proceedings for arbitration, holding that a later 2019 agreement made the earlier South Africa arbitration clause inoperative.

• Stay of proceedings
• Arbitration agreement
• Variation of contract
• Forum selection
• Jurisdiction
• Arbitration

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CIVIL CASE NO

Court

TANZLII

Addendum No. 5 was not separate but part of the main contract; the plaintiff failed to prove non-payment of Tshs 76,417,758.2 as claimed, as the sum was included in the revised contract and mostly paid. The only outstanding amount is Tshs 23,872,906, which the plaintiff is entitled to, as the defect liability period expired without proper notice of defects from the defendant.

Source excerpt

• Construction contracts
• Variation of contract
• Payment disputes
• Burden of proof

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ncba bank tanzania limited vs uap insurance tanzania limited 2021 tzhccomd 3447 26 november 2021

Court

TZHCCOMD

The High Court of Tanzania held that a payment guarantee bond had to be read with the credit facility and Tanzanian law. It dismissed the bank's claim after finding material breaches by the plaintiff.

• Payment guarantee bond
• Loan facility
• Guarantee discharge
• Variation of contract
• Equitable relief
• Payment-guarantee-bond

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CIVIL APPEAL NO 251 OF 2021 ISAKA COMMERCIAL AGENCY T LTD VS PANGEA MINERALS LIMITED

Court

TANZLII

The respondent breached the contract by cancelling it without valid novation or assignment to NICE, and the appellant was entitled to general damages for the breach, but not to specific damages or the full purchase price for undelivered goods due to lack of evidence.

Source excerpt

• Breach of contract
• Variation of contract
• Novation
• Damages
• Sale of goods

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20200531 TZHC Dar es Salaam

Court

TZHC

The High Court held that Kentoplan Ltd acted as Airtel’s agent, upheld the variation claims, and awarded Mirage Lite Ltd USD 272,765 plus interest and costs.

• Agency
• Variation of contract
• Special damages
• Interest on judgment debt
• Contract-variation
• Special-damages

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