Nhombe s/o Mbulangwa v. Chibaya s/o Mbuyape, (PC) Civ. App, 87-D-67, 10/10/67, Biron J.

Nhombe s/o Mbulangwa v. Chibaya s/o Mbuyape, (PC) Civ. App, 87-D-67, 10/10/67, Biron J.

In 1960 plaintiff transferred one cow to defendant in exchange for which defendant agreed to give plaintiff 46 tins of millet the following year. Only nine tins of millet were over delivered, and in this action, the Primary Court of Makang’wa ordered defendant to deliver the balance of 37 tins. On appeal, the District Court found that at the time of the transaction the price of millet was Shs. 5/- per tin, and that the correct value of the cow was Shs. 100/- The court therefore ordered defendant to pay Shs. 55/-, the balance due after subtracting the value of the tins which had been delivered.

            Held (1) Court do not make agreements for parties but enforce agreements which they have made. (2) Defendant is liable to give plaintiff 37 tins of millet or the current value of 37 tins, irrespective of what the price of millet was at the time the transaction occurred.