20040816 TZHC Arusha

20040816 TZHC Arusha

The appellant's failure to adduce evidence to contradict the respondent's case, combined with credible and cogent evidence from the respondent and his witness, justified the lower courts' findings that a partnership existed, was breached by the appellant, and entitled the respondent to compensation.

Citation
20040816 TZHC Arusha
Parties
Appellant: Samweli Temba; Respondent: Lucas Martini
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 August 2004
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Partnership Disputes, Breach of Partnership Agreement, Business Contributions, Compensation for Partnership Dissolution
Source Language
English
Civil Law Partnership Law Partnership Disputes Breach of Partnership Agreement Business Contributions Compensation for Partnership Dissolution

Case Brief

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Parties

Samweli Temba

Appellant

Lucas Martini

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether a partnership existed between the parties
  2. 2 Whether the appellant breached the partnership agreement
  3. 3 Whether the respondent is entitled to compensation for his contributions and share of profits

Ratio Decidendi

The appellant's failure to adduce evidence to contradict the respondent's case, combined with credible and cogent evidence from the respondent and his witness, justified the lower courts' findings that a partnership existed, was breached by the appellant, and entitled the respondent to compensation.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs