Said Bakari Gibikira vs Mariamu Said (PC Civil Appeal No. 2 of 1997) [1999] TZHC 136 (1 October 1999)

. ' TTT - l-..i. -.Al ... AT DAR ES -S.!tLAAM -·-e;::-:-r--e=e:ne PCo CIVIL APPEAL NO. 22/97 ; .. , . . .. SAI]) BJ\KARI GUBIKIRA • •••••••• ~ ••• o •• ••• •. ~ • APPELLANT .VERSUS MARIAMU SAID •• •• •••• · •••• • •••••••••••• ~ •••••• RESPONDENT JUDGMENT • ¥ackanja, Judge: The appellant, originally the defendant, bought a·banda from th• "' - respondent at the agreed price of Shso 450,000/=•. He paid S!s, f(y6 1 ,A. which left an outstanding balance of Shs. 250 9 000/=. He .failed to honoUY every promise he made about paying the outstanding balan,e..,_ The failure to honour promises repeatedly, ineluding o• he made before the trial court, amounted to a breach of the sale agreement. Tht plaintiff, in thos~ circumstances had two options• ,One to enfol."fe the . ' contra<,t by way of suing for the recovery of the outstandg balai,,•e ,r·· - ) ' . abandoing it altogether as she did 9 The trial eourt gave her the latte:, • alternative. Hence, upon his receiving the Shs. 2.oe,fOO/::f,"had h give vacant "'J?Ossession. The appellant lost in his first appeal, hen1e this appeal this The C am satisfied, after perusing the reeor.d of the lowe:. 1ou»ts, that appeal is devoid of any merit, It ·is aecol"dingly dismissed, with'. et,sts 1 orders made by the appellate District Court are u""!:1~": Delivered 0 J. M, Maekanja JUDGE -• ··• ~;x99' ... ~ I Certify that true copy -0:f ;