Emanuel Bwegilire v. Juma Hamisi, (PC) Civ. App. 135-M-66; 3/3/67; Mustafa J.

Emanuel Bwegilire v. Juma Hamisi, (PC) Civ. App. 135-M-66; 3/3/67; Mustafa J.

Defendant, while engaged in an action over the ownership of a shamba, contracted to sell the shamba to plaintiff if he won that action. Plaintiff made a down payment of Shs. 100/- the balance of Shs. 1200/- to be paid if defendant won his law-suit. Defendant was successful, and soon thereafter, on August 22, 1960, plaintiff wrote him: “…….. I will come on 3^rd of 4^th September 1960, so that we can finish the matter. “ Between August 22 and September 3, plaintiff was arrested, and then spent three years in jail, without paying the balance of Shs. 1200/- In 1966,  plaintiff claimed the right to “complete the purchase,” but defendant had sold the shamba to a third party.

            Held: (1) Defendant’s obligation to sell the shamba to plaintiff was conditional upon payment of the balance by plaintiff within a reasonable time after defendant obtained plaintiff within a reasonable time after defendant obtained clear title. (2) Defendant, however, was not entitled to the Shs. 100/- paid earlier toward the purchase, and plaintiff was allowed to recover this sum.