joseph f mbwiliza vs kobwa mohamed lyeeselo msukuma others 2022 tzca 699 10 november 2022

joseph f mbwiliza vs kobwa mohamed lyeeselo msukuma others 2022 tzca 699 10 november 2022

The appellant breached the written sale agreement by failing to pay the balance within the stipulated time, rendering the contract voidable at the option of the promisee. Oral agreements cannot override written terms. The appellant is entitled to a refund of the advance payment, but not to ownership of the property.

Citation
joseph f mbwiliza vs kobwa mohamed lyeeselo msukuma others 2022 tzca 699 10 november 2022
Parties
Appellant: Joseph F. Mbwiliza; 1st Respondent: Kobwa Mohamed Lyeselo Msukuma; 2nd Respondent: Rashid Mohamed; 3rd Respondent: Juma Mohamed
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 November 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed except for refund order
Legal Topics
Breach of Contract, Voidable Contracts, Refund of Advance Payment, Adverse Possession, Written Vs Oral Agreements
Source Language
English
Contract Law Property Law Breach of Contract Voidable Contracts Refund of Advance Payment Adverse Possession Written Vs Oral Agreements

Case Brief

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Parties

Joseph F. Mbwiliza

Appellant

Kobwa Mohamed Lyeselo Msukuma

1st Respondent

Rashid Mohamed

2nd Respondent

Juma Mohamed

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the sale agreement was valid and enforceable
  2. 2 Whether the appellant was entitled to ownership of the suit property
  3. 3 Whether the contract was voidable for want of consideration

Ratio Decidendi

The appellant breached the written sale agreement by failing to pay the balance within the stipulated time, rendering the contract voidable at the option of the promisee. Oral agreements cannot override written terms. The appellant is entitled to a refund of the advance payment, but not to ownership of the property.

Court Disposition

Appeal dismissed except for refund order

Orders

  • 1st respondent to refund Tshs. 100,000/= to appellant
  • Each party to bear its own costs