The Respondent sued the Appellant before the High Court of Tanzania for breach of sale agreement which was entered into on 10th September, 2008 in form of Memorandum of Understanding. Among other reliefs, the Respondent prayed for an order for specific performance of the ‘sale agreement’ for sale of the disputed house situated on Plot No. 191, Uganda Avenue Masaki Peninsula, Dar es Salaam for a consideration of Tshs. 600,000,000/=as a purchase price. The trial court heard evidence for both parties, and in the end, judgment was entered in favour of the Respondent. Aggrieved by the decision of the High Court, the Appellant appealed to this Court. The main issue before the Court was whether there was a valid contract between the parties.