1995NA TZCA Dar es Salaam
The court held that the appellant's denial of receiving the consideration was not admissible in the face of documentary evidence to the contrary, and that the documents of sale and transfer were sufficient proof of payment.
- Citation
- 1995NA TZCA Dar es Salaam
- Parties
- Appellant: Appellant; Respondent: Respondent
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1995
- Procedural Posture
- Civil Appeal / Appeal From High Court Decision
- Outcome
- appeal dismissed
- Legal Topics
- Sale Agreement, Burden of Proof, Documentary Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Legal Issues
- 1 Whether the appellant received consideration for the contract of sale
- 2 Whether denial of receipt of money is admissible evidence
- 3 Whether documentary evidence prevails over oral denial
Ratio Decidendi
The court held that the appellant's denial of receiving the consideration was not admissible in the face of documentary evidence to the contrary, and that the documents of sale and transfer were sufficient proof of payment.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
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