20010308 TZCA Dar es Salaam 1

20010308 TZCA Dar es Salaam 1

Only TZS 280,000 remains to be repaid, and profits were not proved as the supporting document was not produced as evidence. Interest is payable at 33.5% on the outstanding amounts from the date of filing to payment.

Citation
20010308 TZCA Dar es Salaam 1
Parties
Appellant: John D. Kerenge; Respondent: Joel L. Siba
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 March 2001
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Joint Venture, Repayment of Money, Interest on Debt, Burden of Proof
Source Language
English
Contract Law Joint Venture Repayment of Money Interest on Debt Burden of Proof

Case Brief

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Parties

John D. Kerenge

Appellant

Joel L. Siba

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the sum advanced was for a joint venture or a loan
  2. 2 Whether profits from the joint venture were proved and should be shared
  3. 3 Whether the respondent is entitled to repayment and interest

Ratio Decidendi

Only TZS 280,000 remains to be repaid, and profits were not proved as the supporting document was not produced as evidence. Interest is payable at 33.5% on the outstanding amounts from the date of filing to payment.

Court Disposition

appeal partly allowed

Orders

  • Appellant to repay TZS 280,000 with interest at 33.5% from date of filing to payment
  • Interest at 33.5% also payable on TZS 1.1 million from date of filing to payment