19730829 TZHC Mwanza

19730829 TZHC Mwanza

There was no evidence that the respondent's order caused the house to fall; the collapse occurred the same night and may have resulted from poor workmanship or malicious acts by others. The appellant cannot maintain the claim against the respondent.

Citation
19730829 TZHC Mwanza
Parties
Appellant: BI. M. Kailembo; Respondent: Daudi Mahamba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 1973
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Compensation, Causation, Clan Land Dispute
Source Language
English
Civil Law Compensation Causation Clan Land Dispute

Case Brief

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Parties

BI. M. Kailembo

Appellant

Daudi Mahamba

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent's order to stop building caused the appellant's house to fall
  2. 2 Whether the appellant is entitled to compensation from the respondent

Ratio Decidendi

There was no evidence that the respondent's order caused the house to fall; the collapse occurred the same night and may have resulted from poor workmanship or malicious acts by others. The appellant cannot maintain the claim against the respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Judgment to be forwarded to the District Court Bukoba for reading to the parties.