melisiana do chundwa vs julietha do alfred 2007 tzhc 75 19 july 2007

melisiana do chundwa vs julietha do alfred 2007 tzhc 75 19 july 2007

The respondent was only entitled to the agreed compensation of nineteen thousand five hundred shillings, less the advance paid, and not to the forty thousand shillings claimed. The District Court erred in awarding an amount not supported by the agreement or evidence.

Source-derived case information.

Citation
melisiana do chundwa vs julietha do alfred 2007 tzhc 75 19 july 2007
Parties
Appellant: Melisiana d/o Chundwa; Respondent: Julietha d/o Alfred
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 July 2007
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Specific Performance, Compensation, Enforcement of Agreements
Source Language
english
Contract Law Civil Procedure Specific Performance Compensation Enforcement of Agreements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Melisiana d/o Chundwa

Appellant

Julietha d/o Alfred

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent was entitled to forty thousand shillings compensation instead of the agreed amount
  2. 2 Whether the District Court erred in awarding compensation beyond the agreed sum

Ratio Decidendi

The respondent was only entitled to the agreed compensation of nineteen thousand five hundred shillings, less the advance paid, and not to the forty thousand shillings claimed. The District Court erred in awarding an amount not supported by the agreement or evidence.

Court Disposition

appeal allowed

Orders

  • Judgment and orders of the District Court quashed and set aside.
  • Appellant awarded costs.