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The respondent was not a party to the contract between the appellant and Kristos, nor was he aware of the agreement; therefore, he cannot be held liable for refunding the purchase price. The correct party to sue was Kristos.

Citation
N
Parties
Appellant: Alberto Kiduki; Respondent: Hoffman Prick
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Refund of Purchase Price, Privity of Contract, Wrong Party Sued
Source Language
English
Contract Law Refund of Purchase Price Privity of Contract Wrong Party Sued

Case Brief

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Parties

Alberto Kiduki

Appellant

Hoffman Prick

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent was liable to refund the purchase price of a gun to the appellant
  2. 2 Whether the correct party was sued for breach of contract

Ratio Decidendi

The respondent was not a party to the contract between the appellant and Kristos, nor was he aware of the agreement; therefore, he cannot be held liable for refunding the purchase price. The correct party to sue was Kristos.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs