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The partnership relationship cannot continue due to breach; monetary compensation is the only remedy available.

Citation
N
Parties
Appellant: Abdallah M. Makongoro; Appellant: Grace Mushi Soka; Appellant: Alhaji Mohamed Mollel; Appellant: Anaelson Ole Joel; Appellant: Wilfred Mejooli Mollel; Respondent: The Hon. The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 1993
Procedural Posture
Civil Appeal / Judgment
Outcome
partnership dissolved; monetary compensation awarded
Legal Topics
Partnership Dissolution, Ownership of Property, Accounting of Profits
Source Language
English
Election Law Civil Procedure Partnership Dissolution Ownership of Property Accounting of Profits

Case Brief

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Parties

Abdallah M. Makongoro

Appellant

Grace Mushi Soka

Appellant

Alhaji Mohamed Mollel

Appellant

Anaelson Ole Joel

Appellant

Wilfred Mejooli Mollel

Appellant

The Hon. The Attorney General

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the partnership between the parties is dissolved
  2. 2 Ownership of house at Plot No. 25 Migombani Zanzibar
  3. 3 Entitlement to accounting and profits

Ratio Decidendi

The partnership relationship cannot continue due to breach; monetary compensation is the only remedy available.

Court Disposition

partnership dissolved; monetary compensation awarded

Orders

  • Declaration of dissolution of partnership
  • Declaration of equal ownership of house at Plot No. 25 Migombani Zanzibar