ramadhan rashid kambuga v christopher kabuga 2023 tzhc 20836 8 september 2023

ramadhan rashid kambuga v christopher kabuga 2023 tzhc 20836 8 september 2023

Written contract (Exhibit Pl) established plaintiff advanced Tshs.250,000,000/= to defendant for business, with agreed profit of Tshs.192,000,000/=. Defendant's oral evidence to vary contract terms is inadmissible. Defendant failed to prove coercion or undue influence. Plaintiff entitled to principal and unpaid profit, less acknowledged payments, plus general damages.

Citation
ramadhan rashid kambuga v christopher kabuga 2023 tzhc 20836 8 september 2023
Parties
Plaintiff: Ramadhan Rashid Kambuga; Defendant: Christopher Kabuga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 September 2023
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Loan Agreement, Business Partnership, General Damages
Source Language
English
Contract Law Breach of Contract Loan Agreement Business Partnership General Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ramadhan Rashid Kambuga

Plaintiff

Christopher Kabuga

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant is indebted Tshs.730,000,000/= to the plaintiff arising from loan contract
  2. 2 What relief(s) are the parties entitled to

Ratio Decidendi

Written contract (Exhibit Pl) established plaintiff advanced Tshs.250,000,000/= to defendant for business, with agreed profit of Tshs.192,000,000/=. Defendant's oral evidence to vary contract terms is inadmissible. Defendant failed to prove coercion or undue influence. Plaintiff entitled to principal and unpaid profit, less acknowledged payments, plus general damages.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff Tshs.250,000,000/= as principal.
  • Defendant to pay plaintiff Tshs.166,000,000/= as unpaid profit.