frank miharugwa vs jumanne rusaba and another 2021 tzhc 2112 25 february 2021

frank miharugwa vs jumanne rusaba and another 2021 tzhc 2112 25 february 2021

The issues advanced by the applicant are of general importance and the points of law raised, particularly regarding whether terms of a contract can be proved by oral evidence, deserve consideration by the Court of Appeal; therefore, leave to appeal is granted.

Citation
frank miharugwa vs jumanne rusaba and another 2021 tzhc 2112 25 february 2021
Parties
Applicant: Frank Miharugwa; 1st Respondent: Jumanne Rusaba; 2nd Respondent: Harid Juma Kiloloma @ Lusaka Kiloloma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 February 2021
Procedural Posture
Miscellaneous Land Application / Application for Leave to Appeal to the Court of Appeal
Outcome
application allowed
Legal Topics
Leave to Appeal, Contract Evidence, Joinder of Parties, Privity of Contract
Source Language
English
Land Law Civil Procedure Leave to Appeal Contract Evidence Joinder of Parties Privity of Contract

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Parties

Frank Miharugwa

Applicant

Jumanne Rusaba

1st Respondent

Harid Juma Kiloloma @ Lusaka Kiloloma

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether terms of a contract can be proved by oral evidence instead of the contract itself
  2. 2 Whether there was non-joinder of a necessary party
  3. 3 Matters of privity to contract when one party to it dies

Ratio Decidendi

The issues advanced by the applicant are of general importance and the points of law raised, particularly regarding whether terms of a contract can be proved by oral evidence, deserve consideration by the Court of Appeal; therefore, leave to appeal is granted.

Court Disposition

application allowed

Orders

  • leave to appeal to the Court of Appeal granted
  • no order as to costs