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Salada Tofiki v. Hamisi Waziri Mwenda, Civ. App. 225-M-67, 29/2/68, Mustafa J.



Salada Tofiki v. Hamisi Waziri Mwenda, Civ. App. 225-M-67, 29/2/68, Mustafa J.

A firm to whom a debt was owed filed a suit personally against plaintiff and recovered Shs. 2,821/- Plaintiff then sued defendant, one of his partners, to recover part of the money he paid out.  After hearing all the facts, the trial court concluded that the debt was a partnership debt rather than a personal obligation incurred by plaintiff, which finding was accepted by the High Court.

            Held: Each partner is liable to contribute equally to the losses of the partnership. Accordingly, defendant was ordered to pay Shs. 403/- to Hamisi, being 1/7 th of the Shs. 2,821/- paid out by Hamisi, [Citing section 194 of the Law of Contract Ordinance, 1961]. 

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