johnson john kasembe vs libaro mahyono 2006 tzhc 286 14 december 2006

johnson john kasembe vs libaro mahyono 2006 tzhc 286 14 december 2006

The appellant, having examined and tested the vehicle before purchase and accepted delivery and title, cannot avoid liability for the balance of the purchase price on the basis of defects that were or ought to have been known at the time of sale. The principle of caveat emptor applies, and there was no implied condition as to quality or fitness under the Sale of Goods Act.

Citation
johnson john kasembe vs libaro mahyono 2006 tzhc 286 14 december 2006
Parties
Appellant: Johnson John Kisembo; Respondent: Libarc Kahyono
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2006
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Caveat Emptor, Implied Conditions, Acceptance of Goods
Source Language
English
Contract Law Sale of Goods Breach of Contract Caveat Emptor Implied Conditions Acceptance of Goods

Case Brief

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Parties

Johnson John Kisembo

Appellant

Libarc Kahyono

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant can avoid liability for the balance of the purchase price due to alleged defects in the vehicle after accepting delivery and use
  2. 2 Whether there was an implied condition as to the quality or fitness of the vehicle under the Sale of Goods Act

Ratio Decidendi

The appellant, having examined and tested the vehicle before purchase and accepted delivery and title, cannot avoid liability for the balance of the purchase price on the basis of defects that were or ought to have been known at the time of sale. The principle of caveat emptor applies, and there was no implied condition as to quality or fitness under the Sale of Goods Act.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Lower courts' decisions upheld