robert m mollel vs fulgence donasian shirima 2020 tzhc 4619 4 december 2020
The promise to pay 50% interest was premised on an illegal agreement not enforceable in law; refusal to grant interest is justified. The trial court's failure to assign reasons for not awarding costs was arbitrary and perverse; costs should follow the event.
- Citation
- robert m mollel vs fulgence donasian shirima 2020 tzhc 4619 4 december 2020
- Parties
- Appellant: Robert M. Mollel; Respondent: Fulgence Donasian Shirima
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 December 2020
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal partly allowed
- Legal Topics
- Breach of Contract, Interest on Debt, Award of Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Robert M. Mollel
Appellant
Fulgence Donasian Shirima
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court was correct to award Tshs 30,060,000 to the appellant
- 2 Whether the appellant was entitled to interest and costs of the suit
Ratio Decidendi
The promise to pay 50% interest was premised on an illegal agreement not enforceable in law; refusal to grant interest is justified. The trial court's failure to assign reasons for not awarding costs was arbitrary and perverse; costs should follow the event.
Court Disposition
appeal partly allowed
Orders
- Appellant to be paid Tshs 30,060,000 without interest
- Costs awarded in this court and the court below
Full Case Text
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