Ahmed Mallim vs Mohamed Mzee (PC Civil Appeal No. 2 of 1977) [1978] TZHC 430 (15 May 1978)

IN THE HIGH COURT OF TANZANIA ( AT DAR ES SALfJN (Pa) CIVIL APPEAL NO.2 OF 1977 (ORIGmiL MAFIA DISTRICT COURT CIVIL APPEAL NO .2 OF 1975 AIII1JD NALLIN.................. .APPELLA.NT (ORIGINAL) VERSUS MOHAIVLEDMZEE ..................RES3EONDE]JT (oRIGINi.L) J U D GENE NT Kisanga, J. - The appellant let a pIece of shamba to the respondent for a specified period, and this agreement was reduced to writing. The appellant claimed that during the currency of the contract the respondent neglected, or failed to take care of, the @bamba and consequently he filed a claim for Shs.1 ,.000/= being compensation or damages for thus neglecting the shamba. The Piimary Court at Kilindoni dismissea the claim and an appeal to the District Court of Mafia was unsuccessful, hence this second appeal. In this appeal the appellant was represented by IVJz. N. J. Raithatha, but the respondent was unrepresented.. The appeal is entirely without merit. Both courts below found that there was no obligation at all on the part of the respondent to maintain the shamba.. On the other hand such obligation was expressly excluded by the parties in their written agreement. The appellant while accepting the said agreement, claimed that the exclusion clause was misrecorded. However, both courts below foand no substance in such a contention and I am satisfied that this finding was fully justified. In the circumstances I can find no ground whatsoever for interfering with the concurrent decisions of the courts below. Those decisions are therefore affirmed and consequently the appeal is dismissed with costs. - A R. H. Kisanga, Judge Dar es Salaam 1 5/5/1 978. Mr. N. J. Haithatha for appellant Respondent present, unrepreserJed.