UNIVELER TANZANIA LTD V. BENEDICT MKASA trading AS BEMA ENTERPRISES THE COURT OF APPEAL OF TANZANIA (2016).

Sh 15,000.00

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Parties are bound to the contractual clauses- Courts are not allowed to re-draft clauses in agreements.

 

  • Once parties have freely agreed on their contractual clauses, it would not be open for the courts to change those clauses.

 

  • It is up to the parties concerned to renegotiate and to freely rectify clauses which they find to be onerous.

 

  • It is not the role of the courts to re-draft clauses in agreements but to enforce those clauses where parties are in dispute.