19811208 TZHC Tanga

19811208 TZHC Tanga

Appellant is liable for destruction of crops; damages must be based on reasonable assessment of expected yield and price, but lack of evidence on crop division requires court to estimate; special damages not awarded as not strictly proved.

Citation
19811208 TZHC Tanga
Parties
Appellant: Appellant; Respondent: Machaka Athumani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 1981
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partially allowed; general damages reduced.
Legal Topics
Damages Assessment, Liability for Destruction of Crops, Special Damages, General Damages
Source Language
English
Tort Property Damages Assessment Liability for Destruction of Crops Special Damages General Damages

Case Brief

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Parties

Appellant

Appellant

Machaka Athumani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is liable for destruction of crops by his cattle
  2. 2 Whether damages were properly assessed
  3. 3 Whether special damages were strictly proved

Ratio Decidendi

Appellant is liable for destruction of crops; damages must be based on reasonable assessment of expected yield and price, but lack of evidence on crop division requires court to estimate; special damages not awarded as not strictly proved.

Court Disposition

Appeal partially allowed; general damages reduced.

Orders

  • General damages reduced to Shs. 4,000/=
  • Appellant to pay costs