20100624 TZHC Dar es Salaam

20100624 TZHC Dar es Salaam

The appellant was entitled to costs and compensation for the damage caused by the respondent's unlawful construction, and the trial court's decision awarding such relief was correct. The first appellate court erred in overturning the trial court's judgment.

Citation
20100624 TZHC Dar es Salaam
Parties
Appellant: Asha Saidi; Respondent: Christian Chavala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2010
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal allowed
Legal Topics
Boundary Dispute, Trespass, Costs, Compensation, Demolition Order
Source Language
English
Civil Law Tort Law Property Law Boundary Dispute Trespass Costs Compensation Demolition Order

Case Brief

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Parties

Asha Saidi

Appellant

Christian Chavala

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the appellant was entitled to costs and compensation for damage to her wall and fence
  2. 2 Whether the respondent unlawfully constructed on the appellant's property
  3. 3 Whether the first appellate court erred in overturning the trial court's decision

Ratio Decidendi

The appellant was entitled to costs and compensation for the damage caused by the respondent's unlawful construction, and the trial court's decision awarding such relief was correct. The first appellate court erred in overturning the trial court's judgment.

Court Disposition

appeal allowed

Orders

  • first appellate court decision quashed
  • trial court judgment restored