19780217 TZHC Bukoba

Appellant failed to prove, on balance of probabilities, that subsequent payments extended the usufruct period or that the written evidence was genuine.

Citation: 19780217 TZHC Bukoba
Parties: Appellant: Alfred Katbereza; Respondent: Longino Byafato; Respondent: Pius Silivoti
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 February 1978
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Usufruct Agreements, Burden of Proof, Evidence Admissibility
Source Language: English

Contract Law Property Law Usufruct Agreements Burden of Proof Evidence Admissibility

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Parties

Alfred Katbereza

Appellant

Longino Byafato

Respondent

Pius Silivoti

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether subsequent payments extended the usufruct period
2 Whether the written agreement and signatures were genuine
3 Whether the appellant proved his claim on balance of probabilities

Ratio Decidendi

Appellant failed to prove, on balance of probabilities, that subsequent payments extended the usufruct period or that the written evidence was genuine.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs