emilian hyera mtera vs pascal nombo another 2008 tzhc 272 20 march 2008

emilian hyera mtera vs pascal nombo another 2008 tzhc 272 20 march 2008

The appellant was not entitled to damages as the labour cost was to be determined upon completion, and he had only paid for the work done; he was still indebted to the respondents for five hundred shillings.

Citation
emilian hyera mtera vs pascal nombo another 2008 tzhc 272 20 march 2008
Parties
Appellant: Emilian Hyera Mtera; Respondent: Pascal Nombo; Respondent: Silas Haule
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 March 2008
Procedural Posture
Civil Appeal / Second Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Damages, Oral Contract, Labour Cost Determination
Source Language
English
Contract Law Breach of Contract Damages Oral Contract Labour Cost Determination

Case Brief

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Parties

Emilian Hyera Mtera

Appellant

Pascal Nombo

Respondent

Silas Haule

Respondent

Procedural Posture

Civil Appeal / Second Appeal Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to damages for breach of contract
  2. 2 Whether the terms of the oral contract entitled the appellant to further payment or damages

Ratio Decidendi

The appellant was not entitled to damages as the labour cost was to be determined upon completion, and he had only paid for the work done; he was still indebted to the respondents for five hundred shillings.

Court Disposition

appeal dismissed

Orders

  • District Court judgment upheld
  • Appellant to pay costs