shabir fa jessa and another vs raj kumar deogra 1997 tzca 56 26 february 1997

shabir fa jessa and another vs raj kumar deogra 1997 tzca 56 26 february 1997

The appellants, by their conduct and representations, led the respondent to believe they were business partners and liable for the goods delivered; the second appellant's written guarantee established liability; the receipts produced by the appellants were forgeries and irrelevant; and the suit did not abate upon the second appellant's death as a legal representative was properly joined and the hearing had concluded.

Citation
shabir fa jessa and another vs raj kumar deogra 1997 tzca 56 26 february 1997
Parties
Appellant: Shabir F.A. Jessa; Appellant: Makame Ussi Machano; Respondent: Raj Kumar Deogra
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 February 1997
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Partnership Liability, Guarantee of Payment, Forgery of Documents, Abatement of Suit on Death
Source Language
English
Contract Law Civil Procedure Partnership Liability Guarantee of Payment Forgery of Documents Abatement of Suit on Death

Case Brief

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Parties

Shabir F.A. Jessa

Appellant

Makame Ussi Machano

Appellant

Raj Kumar Deogra

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants were business partners and liable for the debt
  2. 2 Whether the appellants are jointly or severally liable for the debt
  3. 3 Whether the suit against the second appellant abated due to his death

Ratio Decidendi

The appellants, by their conduct and representations, led the respondent to believe they were business partners and liable for the goods delivered; the second appellant's written guarantee established liability; the receipts produced by the appellants were forgeries and irrelevant; and the suit did not abate upon the second appellant's death as a legal representative was properly joined and the hearing had concluded.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.