nasibu hamis vs joseph juma 2020 tzhc 1979 17 november 2020
The respondent failed to provide the welding machine after theft and failed to pay labourers, thereby frustrating the contract. The District Court misapprehended the evidence, and the Primary Court's decision in favour of the appellant is restored.
- Citation
- nasibu hamis vs joseph juma 2020 tzhc 1979 17 november 2020
- Parties
- Appellant: Nasibu Hamis; Respondent: Joseph Juma
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 November 2020
- Procedural Posture
- Civil Appeal / Second Appeal (high Court)
- Outcome
- appeal allowed
- Legal Topics
- Frustration of Contract, Burden of Proof, Compensation, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nasibu Hamis
Appellant
Joseph Juma
Respondent
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Legal Issues
- 1 Whether the contract was frustrated and by whom
- 2 Whether the respondent proved entitlement to compensation of Tsh. 8,000,000
Ratio Decidendi
The respondent failed to provide the welding machine after theft and failed to pay labourers, thereby frustrating the contract. The District Court misapprehended the evidence, and the Primary Court's decision in favour of the appellant is restored.
Court Disposition
appeal allowed
Orders
- Decision of the District Court quashed
- Decision of the Primary Court restored
Full Case Text
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