hassani yusuphu zogolo vs chacha mwenge and 2 others 2020 tzhclandd 3964 20 november 2020

hassani yusuphu zogolo vs chacha mwenge and 2 others 2020 tzhclandd 3964 20 november 2020

The appellant failed to prove the existence and terms of the alleged oral agreement and did not establish entitlement to relief; the tribunal's decision was not based on the validity of the written agreement but on lack of proof of the oral contract.

Citation
hassani yusuphu zogolo vs chacha mwenge and 2 others 2020 tzhclandd 3964 20 november 2020
Parties
Appellant: Hassani Yusuphu Zogolo; 1st Respondent: Chacha Mwenge; 2nd Respondent: Serikali ya Mtaa Tabata Kimanga; 3rd Respondent: Ilala Municipal Council
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 November 2020
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Capacity to Contract, Oral Vs Written Agreements, Evidence Admissibility
Source Language
English
Contract Law Local Government Law Land Law Capacity to Contract Oral Vs Written Agreements Evidence Admissibility

Case Brief

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Parties

Hassani Yusuphu Zogolo

Appellant

Chacha Mwenge

1st Respondent

Serikali ya Mtaa Tabata Kimanga

2nd Respondent

Ilala Municipal Council

3rd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether there was an oral or written agreement between the parties
  2. 2 Whether the signatories had capacity to contract on behalf of local authorities
  3. 3 Whether the terms of the agreement entitled the appellant to a share of proceeds

Ratio Decidendi

The appellant failed to prove the existence and terms of the alleged oral agreement and did not establish entitlement to relief; the tribunal's decision was not based on the validity of the written agreement but on lack of proof of the oral contract.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents