melchiandes john mwenda vs ramadhani m mussa and another 2023 tzca 213 2 may 2023

melchiandes john mwenda vs ramadhani m mussa and another 2023 tzca 213 2 may 2023

The appellant breached the sale agreement by failing to pay the agreed amount within the contractual period, justifying the 2nd respondent's rescission and subsequent sale to the 1st respondent. The 1st respondent was a bonafide purchaser for value without notice, as no official caveat was registered. The reduction of the refund to the appellant by the High Court was erroneous; the correct amount is TZS 28,000,000.00.

Citation
melchiandes john mwenda vs ramadhani m mussa and another 2023 tzca 213 2 may 2023
Parties
Appellant: Melchiandes John Mwenda; 1st Respondent: Ramadhani M. Mussa; 2nd Respondent: Philip Felix Kweka
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 May 2023
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
Appeal dismissed with variation
Legal Topics
Breach of Contract, Sale of Land, Bonafide Purchaser, Rescission of Contract, Refund of Purchase Price
Source Language
English
Land Law Contract Law Breach of Contract Sale of Land Bonafide Purchaser Rescission of Contract Refund of Purchase Price

Case Brief

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Parties

Melchiandes John Mwenda

Appellant

Ramadhani M. Mussa

1st Respondent

Philip Felix Kweka

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant breached the sale agreement by failing to pay the agreed amount within the stipulated time
  2. 2 Whether the 2nd respondent was justified in rescinding the agreement and selling the property to the 1st respondent
  3. 3 Whether the 1st respondent was a bonafide purchaser for value without notice

Ratio Decidendi

The appellant breached the sale agreement by failing to pay the agreed amount within the contractual period, justifying the 2nd respondent's rescission and subsequent sale to the 1st respondent. The 1st respondent was a bonafide purchaser for value without notice, as no official caveat was registered. The reduction of the refund to the appellant by the High Court was erroneous; the correct amount is TZS 28,000,000.00.

Court Disposition

Appeal dismissed with variation

Orders

  • Refund to appellant of TZS 28,000,000.00
  • Each party to bear its own costs