19700518 TZHC Mwanza

19700518 TZHC Mwanza

The findings of fact by the lower courts were reasonable and supported by the evidence; therefore, the appellate court will not interfere.

Citation
19700518 TZHC Mwanza
Parties
Appellant (original Defendant): Zaidi Ismail; Respondent (original Plaintiff): Philbert Katundu; Respondent (entrusted Custodian): Kilaba Ibogeka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 May 1970
Procedural Posture
Civil Appeal / Second Appeal
Outcome
Appeal dismissed
Legal Topics
Appeal, Findings of Fact, Possession of Property, Custody of Livestock
Source Language
English
Civil Law Appeal Findings of Fact Possession of Property Custody of Livestock

Case Brief

Summary, issues, holding and outcome

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Parties

Zaidi Ismail

Appellant (original Defendant)

Philbert Katundu

Respondent (original Plaintiff)

Kilaba Ibogeka

Respondent (entrusted Custodian)

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant wrongfully took the cow from the entrusted custodian
  2. 2 Whether the cow belonged to the original plaintiff

Ratio Decidendi

The findings of fact by the lower courts were reasonable and supported by the evidence; therefore, the appellate court will not interfere.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs