MKAMANGI ELIFURAHA v MWINYISHEHE MWINYISHEHE 1991 TLR 191 (CA)

Court Court of Appeal of Tanzania - Dar Es Salaam

Judge Ramadhani JJA and Mnzavas JJA and Mapigano Ag JA

3 December, 1991 B
[zFNz]Flynote
Contract - Gift - No need to prove consideration.
[zHNz]Headnote
When the appellant wanted to buy a plot of land from the respondent the latter decided to
give it to the former free C of charge. The giving of the plot of land was evidenced in
writing (Exh. B). After the appellant had built a house on the plot the respondent wanted
to have his plot of land back. The first appellate court held that the document was not
evidence of a contract between the parties as there was no consideration. D
Held: Exhibit B evidenced a gift that was actually given to the donee, the appellant, by
the donor, the respondent.