Electronic Contracts in Tanzania: An Appraisal of the

145 Pages·2016·1.03 MB·English

Saint Augustine University of Tanzania
From the SelectedWorks of Daudi Mwita Nyamaka Mr.
Summer November 19, 2011
Electronic Contracts in Tanzania: An Appraisal of
the Legal Framework
Daudi Mwita Nyamaka, Mr.
Available at:https://works.bepress.com/dmnyamaka/1/
St. Augustine University of Tanzania

SAUT
Faculty of Law
LL M Programme
Electronic Contracts in Tanzania: An Appraisal of the Legal
Framework

A Dissertation in Partial Fulfilment of the Requirements for the Award of Degree of
Master of Laws in Economic Law of Saint Augustine University of Tanzania
NYAMAKA, DAUDI MWITA
LL M/15868
November 2011
CERTIFICATION
The undersigned certifies that he has read and hereby recommends for acceptance by
Saint Augustine University of Tanzania a dissertation titled: Electronic Contracts in
Tanzania: An Appraisal of the Legal Framework, in partial fulfilment of the
requirements for the degree of Master of Laws (LL M) in Economic Law.

Prof. Dr. N. N .N. NDITI
Signature……………………..
(Supervisor)

Date: ……………….……

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DECLARATION

I, Daudi Mwita Nyamaka, declare that this dissertation is my own original work and
that it has not been presented and it will not be presented in any other institution for a
similar or any other degree award.

Signature …………………..
Date………………………….

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COPYRIGHT
This Dissertation is a copyright material protected under the Berne Convention, the
Copyright and Neighbouring Rights Act, 1999 and other international and national
enactments, in that behalf, on intellectual property. It may not be reproduced by any
means, in full or in part, except for short extracts in fair dealing, for research or private
study, critical scholarly review or discourse with an acknowledgement, without written
permission of the author or the SAUT Deputy Vice Chancellor for Academic Affairs on
behalf of the author and the University.

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ACKNOWLEDGEMENTS
I would very much like to acknowledge assistance in the completion of this study work
from the followings:-
A particular word of gratitude must go to my Supervisor, Professor Dr. Nicholas
Nicholas Ngondo Nditi, under whose efficient supervision and intellectual guidance the
study work was conducted. He offered me not only the all- important academic guidance
and direction but also granted me great support and encouragement throughout the time I
worked under him and showed keen interest in my progress.
I wish to record a particular word of thanks to Dr. George Mwaisondola, Mr. Adelarlus
Kilangi of the faculty Law at SAUT and all staff members of the faculty for their
constructive comments and encouragements in my study.
Words cannot fully describe my appreciation for the debt I owe to my Good Mentor,
Rev. Dr. Charles Kitima, the Vice Chancellor for SAUT, who, under his mentorship
used to encouraged me by advice and resources especially books from his home library.
He intended to make me a respectful academician, and here I am. May GOD give him
strength in building the city of GOD.
I heartily thank my beloved brother, Thomas Kibiriti Nyamaka and his family for their
moral and material support for my education.
The data upon which this study is based was collected within a period of 60 days of a
field and library research in Dar es Salaam and Mwanza. So many people I met have
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helped me in so many ways and I wish hereby to express my appreciation for their
assistance in making this study possible.
I express my appreciation to SAUT LL.B I students 2010/2011, the first class I taught at
University level, I learnt a lot as to what it means to be a lecturer. The class love and
support encouraged me to carry on my study efficiently. I also express my appreciation
to my classmates at SAUT (LL.M 2009/2011); KULUCHUMILA Victorino Ladislaus,
MUNA Joseph Jerome, MUGISHA Stephen, NATAANYWAKI Grace Letawo, KIWIA
Lizzy, HENGA Msafiri, MUGARULA Pamela, MWITA Neema Bhoke, RWAKINEZA
Benjamin and SALEH Belinda Emmanuel.
To all the above, named and unnamed, may I say in the best way I can, GOD BLESS
YOU…… AMEN.
I remain responsible for any mistakes and shortcomings that may be found in this
research work.

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DEDICATION
For my daughter, Ghatimichelle M N

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TABLE OF CASES
1. Adams v. Lindsell (1818) 1B & Ald.681
2. Alfi E. A Ltd v Themi Industries and Distributors Agency Ltd [1984] TLR 256
3. Aspencer1.com Inc. v. Paysystems Corporation [2005]. JQ no 1573
4. Blackpool & Fylde Aero Club Ltd v Black Borough Council [1990] 1 WLR 119
5. Boulder Consolidated Ltd v Tangaere [1980] 1 NZLR 560, 567 (CA)
6. Brinkibon Ltd v Stahag Stahl GmbH [1983], 2 AC 34
7. Brower v. Gateway (2000), 246 AD 2d 246, 676 NYS 2d 56
8. Bryne v Van Tienhoven (1880) 5C.P.D 334
9. Buku v. Magori [1971]HCD, No. 161
10. Busoga Millers & Industries Ltd v Purshottam Patel 22EACA 348
11. Calder v. Jones 465 U.S. 783 (1984)
12. Carlill v. Carbolic Smoke Ball Company [1893]1QB256
13. Cheleta Coffee Plantations Ltd v. Mehlsen [1966] E.A 203
14. Dell Computer Corp. v. Union des consommateurs 2007 SCC 34
15. Dodd v. Nanda (1971) EA 58 and Jirvaj v Dervaj (1968) EA 263
16. Easthaven Ltd. v. Nutrisystem.com Inc. (2001) 55 OR 3d 334
17. Entores v Miles Far East Corporation [1955] 2 QB 327 (CA)
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18. Fisher v Bell [1961] QB 394
19. Freeman v Cooke (1848) 2 Exch 554; 6 Dow & L 187; [1843-60] All ER Rep
185
20. GBL & Associates Ltd v Director of Wildlife Ministry of Lands, Natural
Resources and Tourism and 2 others [1989] TLR 195
21. Govindji Mulji Dodhia v National & Grindlays Bank Ltd & Another (1970) E.A
195
22. Gurney Consulting Engineers v Pearson Pension Property Fund Ltd [2004]
APP.L.R
23. Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd [1986] AC 207
24. Hussein Bachoo v. Clove Growers Association of Zanzibar [1957] E. A 193,
25. Inc Hubbert. v Dell Corp 359 Ill.App.3d 976, 835 N.E.2d 113 (5th Dist. 2005)
26. Information Corporation v. American Infometrics (D. Md. April 2001)
27. International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95
(1945)
28. JSC Zestafoni Nikoladze Ferroalloy Plant v Ronly Holdings Ltd [2004] 1 C.L.C.
1146
29. Juwata v Kiuta, Civil Appeal No. 29 of 1987 (unreported)
30. Kanitz v. Rogers Cable Inc. (2002), 58.O.R. (3d) 299 (Ont. Sup. Ct.)
31. Keppel v. Wheeler (1927) 1 KB 577 at 584
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