JNM MINING SERVICES LTD VS. MINERAL ACCESS SYSTEMS TANZANIA LTD. CIVIL APPEAL NO. 395 OF 2019

Abstract

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 the parties as expressed in their agreement and in the instant appeal, the intention of the parties was expressly stated in clause 5 of the consultancy services agreement which quite unfortunate was not followed by the appellant. In view of the foregoing, the first ground of appeal is misconceived and therefore is hereby dismissed. Having dismissed the first ground of appeal the Court find no need to discuss the second ground of appeal which is automatically disposed as it is directly related to ground one. (ii) The Court is alive to the time-honored principle of pleadings that each issue framed should be definitely resolved and that a judge is obliged to decide on each and every issue framed to resolve the dispute. The Court found considerable merit in the submission by the counsel for the respondent in that the learned trial Judge resolved all the issues that were framed. The Court did not accept and found the argument by the learned counsel for the appellant to be incorrect. Therefore, grounds three and four are held to be devoid of merit. They are accordingly dismissed.