edna magesa vs othman m abdallah 2022 tzhc 15265 15 december 2022

edna magesa vs othman m abdallah 2022 tzhc 15265 15 december 2022

The appellant failed to prove that she refrained from instituting criminal proceedings against the respondent’s sister as required by the agreement, and thus cannot enforce the contract or claim the alleged loss from the respondent. The concurrent findings of the lower courts were supported by the evidence and applicable legal principles.

Citation
edna magesa vs othman m abdallah 2022 tzhc 15265 15 december 2022
Parties
Appellant: Edna Magesa; Respondent: Othman M. Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2022
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Specific Performance, Breach of Contract, Concurrent Findings, Burden of Proof
Source Language
English
Contract Law Civil Procedure Specific Performance Breach of Contract Concurrent Findings Burden of Proof

Case Brief

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Parties

Edna Magesa

Appellant

Othman M. Abdallah

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether an employer can sue an employee’s brother for loss occasioned by the employee
  2. 2 Whether the appellant breached the agreement by instituting criminal proceedings after entering into a repayment agreement
  3. 3 Whether the lower courts erred in their evaluation of evidence and application of legal principles

Ratio Decidendi

The appellant failed to prove that she refrained from instituting criminal proceedings against the respondent’s sister as required by the agreement, and thus cannot enforce the contract or claim the alleged loss from the respondent. The concurrent findings of the lower courts were supported by the evidence and applicable legal principles.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with no order as to costs