19700528 TZHC Mwanza
The appellant has no valid grounds for claiming the shamba as the respondent, a minor, did not comprehend the document allegedly signed.
Source-derived case information.
- Citation
- 19700528 TZHC Mwanza
- Parties
- Appellant: Baiwihai Rugangale; Respondent: Domisian Henery
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 May 1970
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appeal, Property Dispute, Minor's Capacity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Baiwihai Rugangale
Appellant
Domisian Henery
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 whether the appellant has grounds to claim the shamba based on a document allegedly signed by the respondent
- 2 whether the respondent, a minor, understood the meaning of the document
Ratio Decidendi
The appellant has no valid grounds for claiming the shamba as the respondent, a minor, did not comprehend the document allegedly signed.
Court Disposition
appeal dismissed
Orders
- appellant to pay Tshs. 50 as costs for the hearing of this appeal plus costs of the lower courts
Full Case Text
Judgment text and source record
1 paragraphs
-: 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.