Hamisi Kinyaju v. Hussein Mkodo, (PC) Civ. App. 32-A-66; 21/2/67; Bannerman, J.

Hamisi Kinyaju v. Hussein Mkodo, (PC) Civ. App. 32-A-66; 21/2/67; Bannerman, J.

Plaintiff and defendant were partners in a butchery business, each having contributed Shs. 500/- at the outset. In 1964, defendant purchased plaintiff’s share of the business for the amount of his original investment. Plaintiff then filed the present action claiming additional compensation for other assets which he had contributed to the business.

            Held: Plaintiff could have claimed for a dissolution of the partnership and an accounting, and would have been entitled to one half of the partnership assets. However, he chose in stead to sell his entire interest in the business for Shs. 500/-. This sale extinguished all interest which he had in the assets, just as, between the partners, it ended his responsibility for the liabilities. Judgment for defendant.