remidius edington kissassi another vs christopher john makatta another 2007 tzca 157 30 june 2007

remidius edington kissassi another vs christopher john makatta another 2007 tzca 157 30 june 2007

The partnership existed only between Remidius and Christopher, not including their spouses. The statutory declaration does not create joint ownership of the plot, as registration requirements were not fulfilled. Remidius breached the partnership by unilaterally dismissing Christopher. Christopher is entitled only to his contribution towards construction and half the profits for the 28 days the business operated, but no evidence was adduced for profits or property left as loan. The inclusion of spouses was unnecessary.

Citation
remidius edington kissassi another vs christopher john makatta another 2007 tzca 157 30 june 2007
Parties
Appellant: Remidius Edington Kissassi; Appellant: Grace Kissassi; Respondent: Christopher John Makatta; Respondent: Betty Makatta
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 June 2007
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal partly allowed
Legal Topics
Partnership Dissolution, Joint Ownership, Registration of Documents, Estoppel, Business Accounting
Source Language
English
Contract Law Partnership Law Property Law Partnership Dissolution Joint Ownership Registration of Documents Estoppel Business Accounting

Case Brief

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Parties

Remidius Edington Kissassi

Appellant

Grace Kissassi

Appellant

Christopher John Makatta

Respondent

Betty Makatta

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether a partnership existed between the parties and its members
  2. 2 Whether the business operated on Plot No. 25 was a joint business
  3. 3 In what capacity and terms did the 1st plaintiff operate the business

Ratio Decidendi

The partnership existed only between Remidius and Christopher, not including their spouses. The statutory declaration does not create joint ownership of the plot, as registration requirements were not fulfilled. Remidius breached the partnership by unilaterally dismissing Christopher. Christopher is entitled only to his contribution towards construction and half the profits for the 28 days the business operated, but no evidence was adduced for profits or property left as loan. The inclusion of spouses was unnecessary.

Court Disposition

appeal partly allowed

Orders

  • Christopher to be paid TZS 5,000,000 with interest at court's rate from 23rd July, 1992 to date of full payment
  • Appellant to have half of his costs