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The agreements between the parties constituted valid loan contracts, not partnership; breach of contract was established, and excuses such as sickness or lack of time limit do not invalidate the contract or excuse non-performance.
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The High Court’s Land Division dismissed a trespass claim over land at Mioka Village, holding the suit was filed outside the three-year limitation period.
The appellant lacked locus standi as he was not a party to the loan contract but only a guarantor; the actual lender was a third party. The appellant failed to prove on a balance of probabilities that he advanced the claimed loan or that the respondent breached any contract with him. The trial court's findings on partnership were extraneous but did not affect the outcome, as the central issue was breach of contract, which was not established.
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The trial court had jurisdiction as the suit was a normal civil case, not commercial, due to lack of banker-customer relationship with the 2nd respondent. Partnership between respondents was not legally established, and specific damages were not specifically pleaded or proved. The appeal against the 2nd respondent abated due to lack of legal representation. The appellant's grounds regarding jurisdiction, partnership, and damages were upheld in part; the trial court's judgment was set aside.
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The tenancy was with Suka General Supplies as a business entity, not with individual partners. The notice of termination addressed to Sufei was invalid as it was not addressed to the tenant. The Regional Housing Allocation Committee failed to observe natural justice by not addressing the respondent. There was no evidence to support the award of compensation for inconvenience, and thus the award was quashed.
Source excerpt
The High Court at Tanga dismissed a claim for repair expenses and business-loss damages after finding the plaintiff failed to prove payment, loss, or an employment relationship.
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