Contracts
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A contract is an agreement between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
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MARTIN FREDRICK RAJAB VS. ILEMELA MUNICIPAL COUNCIL AND ANOTHER. CIVIL APPEAL NO. 197 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)HELD i) Parties are bound by their pleadings and can only succeed according to what he has averred in his plaint and proved in evidence; hence he is not allowed to set up a new case. the appellant was required to parade ... -
METHUSELA ENOKA VS. NATIONAL MICROFINANCE BANK LTD. CIVIL APPEAL No. 266 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)Held: (i) Appeal is time barred but the appellantis entitled to exclusion under section 19(2) (3) of the Act without necessarily attaching any document to the memorandum of appeal. (ii) The exclusion is automatic as long ... -
COSTANTINE VICTOR JOHN VS. MUHIMBILI NATIONAL HOSPITAL. CIVIL APPLICATION NO. 188/01 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-19)Held; The said grounds one, two and four are not grounds of review envisaged under Rule 66 (1) (a) of the Rules as they require the Court to re-asses the evidence. The raised grounds do not depict an obvious or patent ... -
JNM MINING SERVICES LTD VS. MINERAL ACCESS SYSTEMS TANZANIA LTD. CIVIL APPEAL NO. 395 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-07)Held: (i)The function of the law of contract is to provide an effective and fair framework for contractual dealings and it is on that account that the function of courts is to enforce and give effect to the intention of ... -
BYTRADE TANZANIA LIMITED VS. ASSENGA AGROVET COMPANY LIMITED AND ISMAIL A. MALLYA. CIVIL APPEAL NO. 64 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-10-07)Held: (i) The true principle of promissory estoppel is where one party has by his words or conduct made to the other a dear and unequivocal promise which is intended to create legal relations or effect a legal relationship ... -
BRAZAFRIC ENTERPRISES LIMITED VS. KADERES PEASANTS DEVELOPMENT (PLC). CIVIL APPLICATION NO. 421/08 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-11)HELD 1.I find that narration of sequence of events alone does not constitute good cause for extension of time, as correctly, in my view, stated by the counsel for the respondent 2.In the light of the above decision, I ... -
SINYOMA COMPANY LIMITED VS. BULYANHULU GOLD MINE LIMITED CIVIL APPEAL NO. 172 OF 2017.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-27)Termination of contract must be preceded by 14 days’ notice within which the appellant remedies the breach or offer adequate compensation to save the contract from being terminated.
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