Mzee Hamisi v. Shabani Senge, (PC) Civ. App. 109-D-67; 17/7/67; Saidi, J

Mzee Hamisi v. Shabani Senge, (PC) Civ. App. 109-D-67; 17/7/67; Saidi, J

Plaintiff and defendant started a small flour mill in partner-ship in 1962. A dispute soon developed, and plaintiff refunded a portion of defendant’s contribution to the capital. Son thereafter, plaintiff took the mill to another place and treated it as his own property: at the same time, he handed over his house and shamba and 25 goats to defendant. Plaintiff later brought an action, alleging that this property had been left in defendant’s care, and had not been given to him to pay off his outstanding share capital or partnership profits. The District Court having ruled in his favor, plaintiff appealed claiming that the profits from the house, goats and shamba had been underestimated. The High Court noted that the defendant “appeared to be a simple minded village man and he seemed to have been fooled by (plaintiff).”

            Held: “ The only way of doing justice ……is to restore the parties to the position they were in 1962 before they entered into the partnership.” The accounts were too confused for an accurate determination of the proper figures. Therefore, the plaintiff would retain all partnership profits, the defendant would retain all profits from the property left in his care, and the plaintiff would refund the remainder of defendant’s share capital.