19731018 TZHC Mwanza

19731018 TZHC Mwanza

The defence that the heifer died while in the possession of the deceased was supported by evidence and not challenged; therefore, the suit should be dismissed.

Citation
19731018 TZHC Mwanza
Parties
Appellant: Aura Onyango; Respondent: Kibere Ratego
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 1973
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Appeal, Ownership of Property, Burden of Proof
Source Language
English
Civil Law Appeal Ownership of Property Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Aura Onyango

Appellant

Kibere Ratego

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the heifer claimed by the plaintiff was still in existence or had died while in the possession of the deceased.
  2. 2 Whether the defendant was liable to return the heifer or its value to the plaintiff.

Ratio Decidendi

The defence that the heifer died while in the possession of the deceased was supported by evidence and not challenged; therefore, the suit should be dismissed.

Court Disposition

appeal dismissed

Orders

  • No order as to costs.