20161124 TZHC Mwanza

Appellant admitted indebtedness of T.shs. 1,695,000/= to respondent; oral sale agreement and payments were sufficiently proved; grounds of appeal lacked merit and were dismissed.

Citation: 20161124 TZHC Mwanza
Parties: Appellant: Enock Gikaro; Respondent: Cyprian Antony
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 November 2016
Procedural Posture: Civil Appeal / Judgment on Second Appeal
Outcome: appeal dismissed with costs
Legal Topics: Oral Sale Agreement, Debt Acknowledgment, Appeal Grounds, Judgment Delivery, Family Property Sale
Source Language: English

Contract Law Civil Procedure Oral Sale Agreement Debt Acknowledgment Appeal Grounds Judgment Delivery Family Property Sale

Case Brief

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Parties

Enock Gikaro

Appellant

Cyprian Antony

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

1 Whether there was proof of sale of the house
2 Whether the appellant was indebted to the respondent for T.shs. 1,695,000/=
3 Whether judgment was properly delivered in appellant's absence

Ratio Decidendi

Appellant admitted indebtedness of T.shs. 1,695,000/= to respondent; oral sale agreement and payments were sufficiently proved; grounds of appeal lacked merit and were dismissed.

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed with costs
Order accordingly