KS Builders Limited versus The Permanent Secretary Ministry of Justice and Constitutional Affairs

KS Builders Limited versus The Permanent Secretary Ministry of Justice and Constitutional Affairs; Commercial Case No 74 of 2014: High Court of Tanzania (Commercial Division) at dar es – Salaam (Unreported).

• Evidence

• Burden of proof – He who alleges must prove

• Contract

• Termination – termination of contract upon fundamental breach by the other party – whether liable to pay damages.
• Termination – Contract is lawfully terminated – whether the other party is entitled to compensation for works already done.

Held:-

(i) When a party lawfully terminates a contract upon breach by the other party, he is not liable to pay damages because he has not committed any wrongful act.

(ii) When a party lawfully terminates a contract, the other party is entitled to compensation for costs which he directly incurred in execution of the preliminary works.

(iii) Whoever alleges a fact, unless it is unequivocally admitted by the adversary has to prove it, albeit on the balance of probability.