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Tanzania Judgment

TZHC

19700528 TZHC Mwanza

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Source document

01

Holding and result

The appellant has no valid grounds for claiming the shamba as the respondent, being a minor, did not understand the document he allegedly signed; the District Court's judgment stands.

Court disposition

appeal dismissed

Orders

  • Appellant to pay shs. 50/- costs of the hearing of this appeal plus costs of the lower courts

02

Material facts

Parties

Baiwihai Rugangale

Appellant

Domisian Henery

Respondent

Amounts and remedies

  • Costs Awarded: shs 50

03

Procedural history

  1. Posture

    Civil Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant claims entitlement to the shamba based on a document allegedly signed by the respondent.
Respondent
Respondent asserts he is a minor and did not understand the meaning of the document he allegedly signed as witness to his father's sale.

05

Court’s reasoning

  1. 01

    District Court finding

    A minor's lack of understanding invalidates consent to a legal document.

06

Ratio, limits and disposition

Ratio decidendi

The appellant has no valid grounds for claiming the shamba as the respondent, being a minor, did not understand the document he allegedly signed; the District Court's judgment stands.

Court disposition

appeal dismissed

  • Appellant to pay shs. 50/- costs of the hearing of this appeal plus costs of the lower courts

Source and reliance status

TZHC · 28 May 1970

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Judgment text

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Source document

TZHC

Judgment· 28 May 1970

19700528 TZHC Mwanza

-: IN iT HIGI COURT OF TANZANIA . AT IVLVANZA. - APPEIATE JURISDICTION. . , (cY1 A cIvL APPEAL NO. 48 of 1970 \ ' (Prom the decision — -.- -fthe istrict Court of Bukoba at Bukoba in Civil App' d 10 of 1970,bef ore I.K. Machunrn, Esq., District Magistrate and Rukindo P.CI Civil ase No. 164 of 1969). BAIWIHAI RTJGANGALE ........ . . • APPELLANT (Original Defendante) versus I DOIIII SIAN HENERY . . * . . . . . . RESPONDENT (original Plaintiff). JUDGEMENT. SLATON , Appellant has not wished to appear in this Court I have deemed it unnecessary to call upon the respondent to defend the judgment given in his favour in the lower court. From a perusal of the record, it appears thatappe11ant has no grounds for claiming the shainba except a document allegedly signed by the respondent. The respondent is a boy of 13 years of age andXDistrict Court found he did not know the meaning of the document which he allegedly signed as a witness to his fathers sale of the shamba to the appellant, Thereis no reason for me to interfere with the judgment of the District Court. The appeal is disth issod with shs..50/L costs of the hearing of this appeal plus costs o the lower courts. Delivered in courti at Mwanza this 28th day of May, 1970. 4/. ( B. E. SEATON ) JUDGE.

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