Mawalla v. Mberelle Civ. App. 70-A-70; 9/9/71; Kwikima G, J.

Mawalla v. Mberelle Civ. App. 70-A-70; 9/9/71; Kwikima G, J.

On 7/6/64 the parties entered into an agreement to put up a building on the appellant’s land for the purpose of running a business call Mwafrika Bar. The agreement provided for, inter alia, the sharing of profits of the business on a fifty basis. The respondent contributed Shs. 6500/- towards the construction of the building. In April 1966, the appellant wrote to rescind the agreement and he continued in possession of the building. The respondent successfully sued him after attempts at conciliation had failed. He claimed the return of the money he advanced towards the joint venture with interest. The appellant appealed against the judgment arguing that the action was time barred because it was not commenced within 3 years of the agreement.

            Held: (1) “It is the law that “the limitation period commences on the day when the right of action first (accrues Bura & Others v. Basimwa (1970) H. C. D. 94. In this case the right of action did not accrue on the day of the agreement but on the day when the respondent received a letter from the appellant the contents of which were in breach of the agreement.” (2) Appeal dismissed.