odhiambo eduor vs jane thomas abuogo 2012 tzca 104 6 july 2012

odhiambo eduor vs jane thomas abuogo 2012 tzca 104 6 july 2012

The respondent was entitled to a share of the properties acquired from the proceeds of joint business except for those acquired through the unregistered business (New Usagara Bar), as the law bars enforcement of rights from unregistered businesses. The respondent's contribution in money and labour justified the...

Source-derived case information.

Citation
odhiambo eduor vs jane thomas abuogo 2012 tzca 104 6 july 2012
Parties
Appellant: Odhiambo Eduor; Respondent: Jane Thomas Abuogo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 July 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Division of Jointly Acquired Property, Partnership Registration, Contribution to Joint Business, Res Judicata
Source Language
english
Civil Law Partnership Law Property Law Division of Jointly Acquired Property Partnership Registration Contribution to Joint Business Res Judicata

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Summary, issues, holding and outcome

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Parties

Odhiambo Eduor

Appellant

Jane Thomas Abuogo

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to a share of properties alleged to have been jointly acquired from an unregistered partnership business
  2. 2 Whether failure to register the business under the Business Names Registration Act bars enforcement of rights
  3. 3 Whether the respondent proved her contribution to the acquisition of the properties

Ratio Decidendi

The respondent was entitled to a share of the properties acquired from the proceeds of joint business except for those acquired through the unregistered business (New Usagara Bar), as the law bars enforcement of rights from unregistered businesses. The respondent's contribution in money and labour justified the award of one house, and the trial judge's decision was upheld.

Court Disposition

Appeal dismissed

Orders

  • Respondent awarded the house she was living in as her share of jointly acquired property
  • No order as to costs