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In ZB Holdings (T) Limited v Goodwill (Tanzania) Ceramic Company Limited, Civil Appeal No. 293 of 2023, 2026 TZCA 1058, the Court of Appeal of Tanzania considered the enforceability of a contract involving mineral extraction and supply where the supplier did not hold the licences required under the Mining Act.
14 September 26
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The Court held that a court must consider statutory illegality whenever it emerges from the evidence, even if it was not expressly pleaded. It further confirmed that a contract founded on an activity prohibited by statute is void and cannot support a claim for damages or anticipated profits. The decision is particularly relevant to mining companies, mineral traders, manufacturers, contractors, financiers and other businesses operating within regulated sectors.
In this legal alert, we analyse the Court of Appeal of Tanzania’s decision on the enforceability of mining contracts where the underlying activities are undertaken without the licences required under the Mining Act.
Click here to download and read the full alert.
Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Yassin Maka.
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Contributors
1. Marion Massawe – Trainee Lawyer
2. William Mushi – Trainee Lawyer