The Court of Appeal of Tanzania and development of commercial law

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Periodical article

Title:	The Court of Appeal of Tanzania and development of commercial law
Author:	Nditi, N.N.N.
Year:	1989
Periodical:	Eastern Africa Law Review (ISSN 0012-8678)
Volume:	16
Issue:	2
Period:	December
Pages:	62-88
Language:	English
Notes:	biblio. refs.
Geographic terms:	Tanzania East Africa
Subjects:	commercial law supreme courts law Tanzania. Court of Appeal
Abstract:	Since its establishment in 1979, the Court of Appeal of Tanzania has tried to clarify the legal position relating to various aspects of contract and company law. These include the legal effect of lack of requisite consent or writing on the validity or enforceability of an agreement (Patel v. Marealle and Tarimo, Nitin Coffee Estates Ltd. and others v. United Engineering Works Ltd. and another), the legal effect of uncertainty in an agreement (Alfi East Africa Ltd. v. Themi Industries and Distributors Agency Ltd.), the question of fraud (Alfi v. Themi), and the plea of 'non est factum' (Sluis Brothers (E.A.) Ltd. v. Mathias and Tawari Kitomari). The author notes that some of the decisions are controversial and call for a reconsideration. Notes, ref.