elly benson mwangomo vs the registered board of trustees of the agriculture trust fund and another 2020 tzhc 3988 18 september 2020

elly benson mwangomo vs the registered board of trustees of the agriculture trust fund and another 2020 tzhc 3988 18 september 2020

Appellant failed to prove breach of contract or supply of inferior tractor; he accepted delivery after inspection and had no cause of action against the 1st respondent. The evidence was insufficient to support appellant's claims.

Citation
elly benson mwangomo vs the registered board of trustees of the agriculture trust fund and another 2020 tzhc 3988 18 september 2020
Parties
Appellant: Elly Benson Mwangomo; 1st Respondent: The Registered Board of Trustees of the Agriculture Trust Fund; 2nd Respondent: Kihelya Auto Tractor Parts
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2020
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Loan Agreement, Mortgage, Breach of Contract, Quality of Goods, Acceptance of Goods
Source Language
English
Contract Law Property Law Sale of Goods Loan Agreement Mortgage Breach of Contract Quality of Goods Acceptance of Goods

Case Brief

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Parties

Elly Benson Mwangomo

Appellant

The Registered Board of Trustees of the Agriculture Trust Fund

1st Respondent

Kihelya Auto Tractor Parts

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents breached the contract by supplying a tractor of poor quality and wrong model
  2. 2 Whether the appellant had a cause of action against the 1st respondent regarding the tractor supplied
  3. 3 Whether the appellant proved that the tractor supplied was not in conformity with the contract

Ratio Decidendi

Appellant failed to prove breach of contract or supply of inferior tractor; he accepted delivery after inspection and had no cause of action against the 1st respondent. The evidence was insufficient to support appellant's claims.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondents