MOSHI COORPERATIVE UNIVERSITY

COURSE: LL.B 1

LECTURER’S NAME: ERICK M

MODE: GROUP ASSIGNMENT

SUBJECT : LAW OF CONTRACT

GROUP NO: 20

NO. NAMES REG. NUMBER

01 FRANK G WARYOBA MoCU/LL.B/1111/20

02 RAHMA H RAMADHANI MoCU/LL.B/1209/20

03 JACKLINE S MLOWE MoCU/LL.B/1133/20

04 BONIFACE C MNIKO MoCU/LL.B/1074/20

05 FRANSISCA D MOSHA MoCU/LL.B/1112/20

06 KELVIN KABWE MoCU/LL.B/1155/20

07 JANETH D SAMWEL MoCU/LL.B/1136/20

08 MAGRETH E HARAMBA MoCU/LL.B/1176/20

09 LULU A MINJA MoCU/LL.B / 1174/20

10 NANCY K MWASHA MoCU/LL.B/1192/20

QUESTION.

Chafu fashion ltd is a tailoring company working in moshi . Kitoto B a minor studying at
wazalendo primary school. YaChafu fashion sold some cloth on the credit to kitoto at the
price of Tshs 150,000. In their agreement it was stipulated that payments should be effected
or before 2 feb 2021. Kitoto failed to pay on the said date.

Chafu fashion sued kitoto for recovery of Tshs 150,000 but the later pleaded infancy.

 Can Chafu fashion succeded in recovery of the said debt?

 Is kitoto plea tenable?

Support your answer with relevants authorities.

MATERIAL FACTS

Chafu Fashion Ltd entered into an agreement with a minor that is Kitoto B.

Chafu Fashion Ltd sold some clothes on the credit to Kitoto B who is minor at the price of TShs
150000/=.

The agreement was stipulated that payments should be effected before 2 nd February, 2021 whereas,
Kitoto failed to pay on the said date.

Chafu Fashion Ltd sued Kitoto for recovery of TShs 150,000/= and Kitoto pleaded for infancy.

ISSUES.

Whether absence of capacity can render the contract to be void ab-initio?

Whether the agreement between the parties consider necessity as it involved the minor?

ANALYSIS

Whether absence of capacity can render the contract to be void ab-initio?

According to the scenario chafu Fashion Ltd entered into the contract with the minor lacked an
essential element of capacity in the formation of the contract of which made the contract to be void
ab-initio which means the contract was void since the beginning to it creation which made it not be
into existence since the time it was formed.

As the general rule every person is competent to contract as per section 11(1) of the Law of Contract
Act.1 The effect of an agreement entered by a person who is incompetent to contract is void ab-initio
and this was explained under section 11(2) of the law of Contract Act.

In the case of NASH V. INMAN2, in this case Morton J argued that an infant is incapable of making
a contract but if a man satisfied the needs of the infant the law will imply obligation to repay him for
so services rendered and will enforce that obligation against the estate of the infant.

Therefore, chafu Fashion Ltd will not succeed suing Kitoto as he is a minor for whom it is presumed
as a general rule that a minor can not enter into a lawful contract as it will lack capacity the essential
element of contact.

Whether the agreement between the parties consider necessity as it involved the minor?

1
[CAP 345 R.E. 2019]
2
[1908] VOL 2 QB 1
According to the scenario, the contract between the parties did not rely on the necessity of the minor
party as the minor had clothes of which the chafu Fashion Ltd was required to act reasonably entering
into the contract as to the general presumption that minor is incapable of entering into a lawful
contract.

The necessaries for life was defined in the case of CHAPPER V. COOPER, 3whereby Underson J
tried to define what he considered being necessaries for life as follows;

“…Things necessaries are those without which an individual cannot reasonably exist such as food,
raiment, lodging and the like which there is no doubt…”

So, Kitoto plea will be tenable as it is true he is a minor incapable of entering into a lawful contract
and also there was no any necessity for chafu Fashion Ltd to entering into the contrKitoto plea will be
tenable as it is true he is a minor incapable of entering into a lawful contract and also there was no
any necessity for chafu Fashion Ltd to entering into the contract with Kitoto

CONCLUSION

Therefore, chafu Fashion Ltd will not succeed suing Kitoto as he is a minor and Kitoto plea will be
tenable as it is true he is a minor incapable of entering into a lawful contract and also there was no
any necessity for chafu Fashion Ltd to entering into the contract with Kitoto.

3
[1845] 13 L.J EX 286