20030402 TZHC Bukoba

20030402 TZHC Bukoba

A contract signed by a person who is insane at the time of execution is void; the doctrine of volenti non fit injuria does not apply to such contracts as it is a tort defence, not a contract principle.

Citation
20030402 TZHC Bukoba
Parties
Appellant: Adolf Shabani; Appellant: Tito Shabani; Respondent: Amri Shabani; Respondent: Shabani Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 April 2003
Procedural Posture
Civil Appeal / Second Appellate (high Court)
Outcome
appeal allowed
Legal Topics
Capacity to Contract, Void Contracts, Insanity and Contracts, Volenti Non Fit Injuria
Source Language
English
Civil Law Contract Law Capacity to Contract Void Contracts Insanity and Contracts Volenti Non Fit Injuria

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Parties

Adolf Shabani

Appellant

Tito Shabani

Appellant

Amri Shabani

Respondent

Shabani Ramadhani

Respondent

Procedural Posture

Civil Appeal / Second Appellate (high Court)

Legal Issues

  1. 1 Whether a contract for sale or exchange of land entered into by a person of unsound mind is valid
  2. 2 Whether the doctrine of volenti non fit injuria applies to contracts entered into by insane persons

Ratio Decidendi

A contract signed by a person who is insane at the time of execution is void; the doctrine of volenti non fit injuria does not apply to such contracts as it is a tort defence, not a contract principle.

Court Disposition

appeal allowed

Orders

  • Judgment of the primary court restored
  • Appeal allowed with costs