martha onesmo vs matondo magile 2023 tzhc 19523 28 july 2023
The appellant breached the contract by taking and selling the motorcycle before the contract term ended, rather than pursuing recovery of the outstanding amount through legal means. The appellate court's order regarding payment of Tshs.265,000/- was correct, and the grounds of appeal were misconceived or not properly before the court.
- Citation
- martha onesmo vs matondo magile 2023 tzhc 19523 28 july 2023
- Parties
- Appellant: Martha Onesmo; Respondent: Matondo Magile
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 July 2023
- Procedural Posture
- Civil Appeal / Judgment on Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Breach of Contract, Remedies for Breach, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martha Onesmo
Appellant
Matondo Magile
Respondent
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Legal Issues
- 1 Whether the appellant or respondent breached the contract
- 2 Whether the appellate court erred in ordering the appellant to buy or return the motorcycle
- 3 Whether the lower courts properly evaluated the evidence
Ratio Decidendi
The appellant breached the contract by taking and selling the motorcycle before the contract term ended, rather than pursuing recovery of the outstanding amount through legal means. The appellate court's order regarding payment of Tshs.265,000/- was correct, and the grounds of appeal were misconceived or not properly before the court.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment