Tanzania Court of Appeal: Security Firm Liable for Negligence, Contract Breach

On October 28, 2026, the Court of Appeal of Tanzania, in Amkeni Saccos Limited vs New Imara Security Company Limited (Civil Appeal No. 1219 of 2024), found a security company liable in both tort and for breach of contract due to negligent guard failure, though it noted that special damages had not been strictly proved.

This ruling by the Court of Appeal determined that New Imara Security Company Limited was responsible for damages arising from the negligent failure of its guards, establishing liability under both contractual obligations and the general law of torts. This indicates that the security company failed to uphold its duties, leading to a loss or harm suffered by Amkeni Saccos Limited. However, the court also highlighted a crucial point regarding the quantification of damages, specifically that the special damages claimed were not "strictly proved." This is a common legal requirement for such claims, suggesting that while liability was established, the full extent of the financial compensation sought might not have been awarded due to insufficient evidentiary support for the specific losses.

This decision is highly significant for businesses engaging security services and for security companies operating in Tanzania. It underscores the dual nature of liability that can arise from security service contracts: both contractual breach for failing to provide agreed-upon services and tortious liability for negligence in the performance of those duties. For businesses, it reinforces the importance of clear contractual terms with security providers and the need to meticulously document any losses incurred due to security failures. For security companies, it serves as a stark reminder of their professional obligations and the potential for significant legal repercussions if their services are negligently performed. The emphasis on "strict proof" for special damages is a critical reminder for all litigants to present robust evidence for specific financial losses.

The legal context of this case touches upon fundamental principles of contract law, specifically breach of contract, and the law of torts, particularly negligence. In Tanzania, as in many common law jurisdictions, a party can be held liable for failing to perform contractual duties or for causing harm through a lack of reasonable care. The requirement for "strict proof" of special damages is a well-established principle in civil litigation, demanding that specific, quantifiable financial losses (e.g., lost profits, repair costs) be proven with a high degree of certainty, often through documentary evidence. The Court of Appeal's decision sets a precedent for how such cases involving security service failures will be adjudicated, influencing future claims and the drafting of security contracts. The key parties involved were Amkeni Saccos Limited and New Imara Security Company Limited.

Attorneys advising clients on security contracts, whether as service providers or recipients, should emphasize the importance of clearly defined duties, standards of care, and liability clauses within agreements. For litigants pursuing claims against security companies, it is crucial to establish both the breach of duty (contractual or tortious) and to meticulously gather and present evidence for all claimed special damages. The ruling highlights that even where liability is clear, inadequate proof of damages can limit recovery. Security companies, in turn, must ensure their personnel are adequately trained and supervised to meet contractual obligations and avoid negligent acts, as the courts will hold them accountable for failures.