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| Title: | The Court of Appeal and the development of laws relating to commercial transactions |
| Author: | Bahati, A. |
| Year: | 1989 |
| Periodical: | Eastern Africa Law Review (ISSN 0012-8678) |
| Volume: | 16 |
| Issue: | 2 |
| Period: | December |
| Pages: | 89-100 |
| 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 come up with well-defined principles of law in the field of commercial transactions. The Court has been a champion in the protection of the rights of the poor as well as being practical in its decisions. The Court has also endeavoured to develop the law relating to commercial transactions in consonance with the aspirations of Tanzanian society. In support of his viewpoint, the author reviews the principles upheld by the Court in a number of cases with respect to issues such as the doctrine of 'non est factum' (Sluis Brothers (E.A.) Ltd. v. Mathias and Tawari Kitomari), the power of the Court to imply reasonable terms in a contract (Meral Hiji and Sons v. General Tyre (E.A.) Ltd.), the legal effect of uncertainty and fraud on the validity of a contract (Alfi E.A. Ltd. v. Themi Industries & Distributors Agency Ltd.), fundamental breach of contract (Rweyemamu v. Marco), no estoppel against a statute (Kornelio v. Mshana and another), ownership and the bona fide purchaser (Harith Said Brothers v. Martin Ngao, Mboweto v. Kulala and another, Omari Yusufu v. Rahma Ahmed Abdulkadri), the obligation to honour an arbitration clause as provided in a contract (CEB v. SUDECO), and finality (National Insurance v. Moafish Tanzania Ltd.). Ref. |