hassani yusuphu zogolo vschacha mwenge and2 others 2020 tzhclandd 3860 20 november 2020

hassani yusuphu zogolo vschacha mwenge and2 others 2020 tzhclandd 3860 20 november 2020

The appellant failed to prove the existence and terms of the alleged oral agreement, and the trial tribunal's decision was not based on the validity of the written agreement but on lack of proof. The grounds of appeal regarding capacity and admissibility of the written agreement were irrelevant to the outcome.

Citation
hassani yusuphu zogolo vschacha mwenge and2 others 2020 tzhclandd 3860 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 on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Validity of Oral Agreements, Capacity to Contract for Local Authorities, Admissibility of Evidence, Burden of Proof
Source Language
English
Land Law Contract Law Local Government Law Validity of Oral Agreements Capacity to Contract for Local Authorities Admissibility of Evidence Burden of Proof

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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 on Appeal

Legal Issues

  1. 1 Whether there was an oral or written agreement between the parties
  2. 2 Whether the agreement was valid under the Local Government (Urban Authorities) Act
  3. 3 Whether the appellant proved breach of agreement

Ratio Decidendi

The appellant failed to prove the existence and terms of the alleged oral agreement, and the trial tribunal's decision was not based on the validity of the written agreement but on lack of proof. The grounds of appeal regarding capacity and admissibility of the written agreement were irrelevant to the outcome.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents