19870413 TZHC Dar es Salaam

19870413 TZHC Dar es Salaam

There was agreement to sell house No.19 Mhonda Street, but no consensus on purchase price; appellant's witnesses were not credible, and appellant cannot shift from pleadings alleging sale of house to sale of foundation. Appeal fails as trial court's findings are justified.

Source-derived case information.

Citation
19870413 TZHC Dar es Salaam
Parties
Appellant: Omari Athumani Bakhuwari; Respondent: Karim Ally Mbiku
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 April 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Specific Performance, Agreement of Sale, Purchase Price Determination
Source Language
english
Contract Law Property Law Specific Performance Agreement of Sale Purchase Price Determination

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Parties

Omari Athumani Bakhuwari

Appellant

Karim Ally Mbiku

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Existence of sale agreement for house No.19 Mhonda Street
  2. 2 Determination of purchase price
  3. 3 Credibility of witnesses

Ratio Decidendi

There was agreement to sell house No.19 Mhonda Street, but no consensus on purchase price; appellant's witnesses were not credible, and appellant cannot shift from pleadings alleging sale of house to sale of foundation. Appeal fails as trial court's findings are justified.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs