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A
Advocates admitted to the High Court of Zanzibar with right of audience before the Court of Appeal of Tanzania sitting in Zanzibar – Whether they have an automatic right to appear in the High Court of Tanzania and the Court of Appeal sitting in the Tanzania Mainland Arbitration – Arbitration proceedings – Statutory provisions prescribing special conditions to be observed in instituting legal proceedings against the defendant – Whether the conditions similarly apply to arbitration proceedings against that defendant – section 67 of the Tanzania Harbours Authority Act 1977 Arbitration – Matters for reference to arbitration – Contract requiring all matters referred to arbitration to be referred first to the Engineer – Matters referred to arbitrator without first referring them to the Engineer – Whether the arbitrator has jurisdiction to entertain them Arbitration – Objection to the jurisdiction of arbitrator – Party not registering protest to the jurisdiction of arbitrator and taking part in arbitration proceedings
A Claim of Loss of Profit Falls Within a Specific Claim Requiring Strict Proof, Every Suit Shall Include the Whole of the Claim
A TERM OF CONTRACT STIPULATES THAT PRESENTMENT OF DOCUMENTS BE TAKEN AS DELIVERY, BUYER FAILS TO ATTACH DOCUMENTS, BUYER TAKEN TO HAVE FAILED TO DELIVERY THE GOODS
A TERM OF CONTRACT STIPULATES THAT PRESENTMENT OF DOCUMENTS BE TAKEN AS DELIVERY, BUYER FAILS TO ATTACH DOCUMENTS, SELLER TAKEN TO HAVE FAILED TO DELIVER THE GOODS
Acceptance of an Offer, The Doctrine of Estoppel, Frustration of The Contract
ACKNOWLODHEMENT OF TIME BARRED DEBT WITH PROMISE TO PAY, WHETHER MAY GIVE TO A FRESH PERIOD OF LIMITATION
AGAENT RIGHTS TO RENUMERATION, GENERAL RULE AND EXCEPTIONAL
AGENT TRANSACTS BUSINESS PARTLY USING FACILITIES OF THE PRINCIPAL
AGREEMENT IS SILENT ON MODE OF DELIVERY, DELIVERY IN ONE LOT PRESUMED
Applicability of Section 21 of the LLA, Automatic Exclusion of Time Spent in Prosecuting Proceedings, The Award of Interests, Sanctity of Contract, Board Resolution is Not a Point of Law,
ARBITRATION INSIGATED BY DEFENDEN, ARBITARTION ABORTS, PLANTIFF INCURS COSTS ON THE ABORTIVE ARBITRATION, WHETHER SUCH COTS RECOVERABLE FROM DEFENDANT
B
Breach of Contract, Every Failure to Perform a Primary Obligation is a Breach of Contract, Proof of Existence of Contract, The Award of Interest,
Breach of Contract, Issuance of a Postdated Cheque,
C
Contract partly oral and partly written — sale on credit (not hire-purchase) — retention of title clause — express power of repossession in delivery/acceptance certificates — purchaser’s breach for non-payment — seller’s repossession lawful — special/specific damages require specific pleading and proof
Contract – Freedom of contract – Parties to a contract are free to choose the law that should govern their contract. Contract — Arbitration clause — Arbitration clause ousting jurisdiction of Courts – Whether an arbitration clause can operate to oust jurisdiction of the Courts – Section 18 of the Civil Procedure Code, 1966 Arbitration – Arbitration clause in a contract — Whether such an arbitration clause can operate to oust the jurisdiction of the Courts. Civil practice and procedure – Preliminary point of objection – Parties subjecting themselves exclusively to the jurisdiction of the Kenya Courts – Objection to Tanzania Courts ’ having jurisdiction – Whether such objection can be sustained. Civil practice and procedure — Preliminary point of objection — Party filing a suit in defiance of an arbitration clause – Objection as to competence of such suit -Whether such objection can be sustained. Civil practice and procedure – Arbitration – Arbitration clause in a contract – Whether such an arbitration clause can operate to oust the jurisdiction of the Courts. Civil practice and procedure – Arbitration clause – Party filing a suit in court in defiance of an arbitration clause – Remedy open to the other party — To apply for a stay of proceedings
CIRCUSTANCES A MERE PURCHASE ORDER MAY AMOUNT TO AN AGREEMENT TO SELL
CICRUSTANCES A MERE PURCHASE ORDER MAY AMOUNT TO AN AGREEMENT TO SELL
CONTRACT CONTAINS AN EXEPTION CLAUSE, CONTRUCTION OF AN EXEMPTION CLAUSE
CONTRACT CREATES RIGHTS, BUT RIGHTS CAN BE EITHER VESTED OR CONTINGENT
Contract of Sale of Goods, Oral Contract, Involvement of Assessors in the High Court Commercial Division, Breach of Contract, Documents Not Tendered,
CONTRACT, BULDING CONTRACT, CLAIM FOR COMPENSATION FOR DEVALUATION OF CURRENCY WITHOUT PRIOR REFERENCE OF THE MATTER TO ENGINEER
CONTRACT, SALE AGREEMENT , MINOR’S CONTRACT, VALIDITY
D
Dealer retail agreement – Rebate/discount scheme as discretionary promotion versus contractual term – Burden of proof and production of documents – Failure to meet conditional purchase/volume targets – Cancellation not a breach
Damages – Damages not pleaded – Whether damages not pleaded are awardable – Order VII rule 7 of the Civil Procedure Code 1966. Civil Practice and procedure – Interest on damages – Whether bank rate applicable – Order XX, rule 21 of the Civil Procedures Code 1966
DISCHARGE OF GUARANTOR BY VARIANCE IN TERMS OF CONTRACT-CONDITIONS WITHIN WHICH A GURANTOR CAN BE DISCHARGED FROM LIABILITY
DICHARGED OF GURANTOR FROM LIABILITY BY CONSENT JUDGEMENT
DOCRTINE OF PROMISORY ESTOPPEL
DAMAGES, EXPECTATION LOSS, WHETHER EXPECTATION LOSS IS RECOVERABLE
DEFAULT TO PAY CONSECUTIVE INSTALLEMENTS, FAILURE CONSTITUTES BREACH OF CONTRACT
DISCHARGE OF BREACH OF FUNDAMENETAL TERM, WHETHER BREACH OF FUNDAMENTAL TERM MAY DISCHARGE CONTRACT BY FRUSTRATION
E
extinction of right of action – court’s jurisdiction; Interlocutory injunctions – ancillary remedies – incompetence where principal suit is time-barred; Res sub-judice principle – effect of withdrawn appeal; Eviction and restoration orders – procedural competence
Elements of a Valid Contract, Definition of Consideration, Definition of Consent, Consensus Ad Idem, Issue Already Determined by Fellow Judge
ESTOPPEL, WHETHER A BANK IS ESTOPED FROM CLAIMING FROM DEBTORS MONEY DUE TO IT AFTER SUING ITS MECHANISM OF DEBT OR LOSS WRITE-OFF
EXPIRY OF CONTRACT BY EFFUXION OF TIME, LIABILITY OF PARTIES AFTER SUCH EXPIRY OF TIME
FORMATION OF AGENT ACTING FOR PRINCIPAL, WHETHER THE CAR POSSESSSED BY AGENT MAY BE POSSESSED BY THE OWNER
FORMATION OF CONTRACT, ACCEPTANCE OF AN OFFER, PURCHASE PRICE REQUIRED TO BE PAID IN FULL
Forms of a Contract of Sale, The Award of Interest, He Who Alleges Must Prove,
FREEDOM OF CONTRACT, PARTIES TO A CONTRACT ARE FREE TO CHOOSE THE LAW THAT SHOULD GOVERN THEIR CONTRACT
F
G
Generally, in Contracts Time is Not of Essence, Sanctity of Contract, Reasons for Taking Over the Case, Caveat Emptor, Contradictions in Evidence
Guarantee and indemnity – demand notice to guarantor – matured fixed deposit receipt becomes general balance – bank’s general lien and right of set-off – objection to undervaluation not raised below cannot be entertained on second appeal.
H
I
ILEGAL CONTRACTS, CONTINGENCY FEES FOR ADVOCATES, WHETHER LEGAL SECTION 59 OF THE ADVOCATES ACT AND SECTION 23 OF THE LAW OF CONTRACT ACT
Indecent Assault of a Boy and Unnatural Offence, Best Evidence in Sexual Offences, Credibility of Witnesses, Proof of the Victim Age
Intention of the Parties to the Contract, Sanctity of Contract, Contract Without Consideration is Void, Liability of Sureties, Categories of Interests,
INTERPRETATION OF EXPRESSION SHALL NOT BE OPERATIVE
J
K
L
LETTERS OF CREDIT, OPENING LETTERS OF CREDIT BY BUYER A CONDITION PRECEDENT TO SELLER’S TAING ANY STEP,
LIABILITY IS CO-EXTENSIVE WITH THAT OF THE PRINCIPAL DEBTOR FAILING TO EXCISE OPTIONS PROVIDED IN A DEBENTURE
LIABILITY OF A SURETY
M
MODE OF DELIVERY, AGREEMENT IS SILENT ON MODE OF DELIVERY, DELIVERY IN ONE LOT PRESUMED
N
No Implied Contact Where Parties Intended to Sign a Formal Contract Subsequently, Privity of Contract, Construction of the Parties Conduct,
O
Oral loan not established where inconsistent evidence, missing agency proof and friendship presumption rebutted legal intention. oral loan – intention to create legal relations – requirement of clarity and certainty; Credibility and contradictions in evidence; Agency – proof and documentary authority; Electronic document admissibility and probative value; General damages in contract claims; Interest and costs awards.
oral/customary supply agreement – proof of supply and receipt via purchase orders, delivery notes/packing slips and tax invoices – quantification of proved debt – absence of express contractual default interest and failure to prove loss of business. Breach of hire/agreement for gaming licence and slot machines; Default judgment – service and failure to defend; Damages – specific and general; Interest and costs; Enforcement conditional on Rule 22(2).
Offer and acceptance – Prescribed mode of acceptance – Whether correspondence constituted a binding contract – Acceptance by conduct – Pleading requirements – Overdraft facility – Order for repayment and attachment – Counterclaim for damages
Offence of Armed Robbery, Evidence of Identification by A Single Witness, Ability of a Witness to Name a Suspect at The Earliest Opportunity,
OFFER AND ACCEPTANCE, OFFER PRESCRIBING MODE OF ACCEPTANCE, OFFER CAN BE ACCEPTE OTHERWISE THAN BY THAT MODE
OPENING LETTERS OF CREDIT BY BUYER A CONDITION PRECEDENT TO SELLER’S TAKING ANY STEP
P
preservatory orders – locus standi and privity – independence of on‑demand bank guarantees – URDG 758 – scope of arbitration clause; choice of law/forum.
performance and breach — party’s own failure to perform (transportation, border clearance, export documentation) can excuse counterparty’s performance; tax assessments impeding export — proof of loss and causation required for damages; corporate veil — directors not personally liable absent bad faith or conduct outside corporate capacity
performance and termination – mobilisation acceptance as condition precedent to payment – burden of proof on party claiming completion; whether first acceptable shot-point starts contractual completion period; temporary suspension for recalled equipment not a material breach; signed variations can extend time and shift responsibility; measure of damages for unlawful termination limited to contractual entitlement, avoiding unjust enrichment
Privity of contract; agency – change of mode of settlement creating agent role; delivery note and contractual terms; payment of excess by third party does not confer party status; procedure – suing in trade name (Order 29 rule 10).
Parties to the Contract Must Perform Their Promises, Failure to Call Material Witness, One Cannot Enter into Two Agreements,
PRIVITY OF CONTRACT CASES
PRIVITY OF CONTRACT, SECOND PLAINTIFF A SHAREHOLDER AND SIGNATORY FOR AND ON BEHALF OF THE FIRST PLAINTIFF COMPNAY, WHETHER SECOND PLAINTIFF CAN SUE ON THE CONTRACT IN HIS OWN NAME
PRIVITY TO CONTRACT, ACTION IS BASED ON TRUST DEED, WHETHER PLAINTIFF CAN SUE ON TRUST DEED TO WHICH HE IS NOT A PARTY, WHETHER TRUST RULES APPLICABLE
PROFOMA INVOICE, WHETHER PROFORMA INVOICE IS EVIDENCE OF PURCHASE OF GOODS
Q
R
PROFOMA INVOICE, WHETHER PROFORMA INVOICE IS EVIDENCE OF PURCHASE OF GOODS
RUKES GOVERNING DELIVERY OF GOODS, WHETHER SELLER IS BOUND TO ACCEPT DELIVERY IN INSTALMENTS
RULES GOVERNING DELIVERY OF GOODS, WHETHER BUYER IS BOUND TO ACCEPT DELIVERY IN INSTALMENTS
S
Specific damages require strict proof; partial performance limits recovery to the proven outstanding refund balance. breach for defective and incomplete supply – specific damages must be strictly pleaded and proved; partial performance limits recovery to proven outstanding refund; photographs admissible as corroborative evidence; acceptance of work does not automatically waive defects
supply of goods – purchase orders, delivery notes and tax invoices – admission by cross-examination – enforceability of invoice terms – contractual delay interest – damages and post-judgment interest – costs.
suspension/termination – general rule no commission during suspension – exceptions (transactions in progress; express term; contractual construction; repeat orders) – principal’s duty to notify third parties – failure to notify renders principal liable – quantum: implied contract for reasonable remuneration.
SANCITY OF CONTRACT, ENGLISH PRINCIPLE OF SANCTITY OF CONTRACT NOT EXCLUDED IN THE LAW OF CONTRACT
Sanctity of contract
Sanctity of the Contract, Pacta Sunt Servanda, Reference of the Matter to Arbitration, What Amounts to Taking Steps in the Proceedings
Service of The Letter Requesting for Proceedings, Failure to Serve the Letter Amounts to Failure to Take Essential Step to Prosecute an Appeal,
SPECIFIC PERFORMANCE CASES
SUSPENSION OF AGENT
T
THE LIABILITY OF THE GUARANTOR DOES NOT ARISE UNTILL THE PRINCIPAL DEBTOR HAS COMMITTED A DEFAULT
THE TIME LIMIT FOR SUIT FOUNDED ON CONTRACT IS 6 YEARS-WHEN THE CAUSE OF ACTION AROSE
TENDER, ADVERTISEMENT FOR TENDER
Termination of Contract of Service, Unfair Termination, Labour Appeals to The Court of Appeal Must Be on Point of Law Only
The Essence of Time in Contract,
THE PRINCIPLE OF AN INTREST TO SERVE IN THE SUIT IS COMMON IN CRIMINAL CASES NOT IN CIVIL CASES
The Right to Terminate the Contract For Breach of the Terms and Conditions,
The Settlement Order in Land Matters is Appealable with Leave, Illegality, Accusations Against a Judge, it is Unprofessional to Suspect the Judge
Time Limitation on the Payment of Premiums, Duty to Consider Partys Argument and Reasons for Rejecting It
U
V
VALIDITY AND ENFORCECEABILITY, AGREEMENT ENTERED INTO IN FOREIGN JURISDICTION
W
What Agreements Are Contracts, He Who Alleges Must Prove, Principle of Adverse Inference, Failure to Call Material Witnesses,
Y
Z