Tunga and Tymon are in an ordinary partnership. Tunga approaches Kudzai and acting in his capacity as a partner borrows $20 billion from him for partnership purposes. Neither Tunga nor the partnership subsequently return the loan when it is due.Kudzai institutes proceedings against the partnership but Tymon opposes the action on the basis that what Tunga did was not binding on him and the partnership. Notwithstanding his opposition judgment is granted against the partnership.In the meantime Kudzai tries to execute against the partnership property but he only recovers $10 billion after which the partnership property is exhausted. Kudzai who is not aware of any properties personally held by Tunga decides to proceed against Tymon’s vast properties, which are known to him.Required:In relation to the law of partnerships, advise on whether:
(b) it is appropriate for Kudzai to proceed against Tymon’s personal properties.
