bundala shija vs issa hamisi 2023 tzhc 20993 14 september 2023
The respondent failed to prove his claim to the required standard as the written contract was not tendered in evidence, and contradictions regarding consideration were not resolved. Oral evidence could not substitute written evidence when the transaction was allegedly in writing.
- Citation
- bundala shija vs issa hamisi 2023 tzhc 20993 14 september 2023
- Parties
- Appellant: Bundala Shija; Respondent: Issa Hamisi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 September 2023
- Procedural Posture
- Civil Appeal / Second Appeal, Judgment
- Outcome
- appeal allowed
- Legal Topics
- Burden of Proof, Oral Vs Written Contract, Contradictory Evidence, Misdirection of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bundala Shija
Appellant
Issa Hamisi
Respondent
Procedural Posture
Civil Appeal / Second Appeal, Judgment
Legal Issues
- 1 Whether the respondent proved his case to the required standard
- 2 Whether oral evidence can substitute written contract when transaction was allegedly in writing
- 3 Effect of contradictions in evidence regarding consideration
Ratio Decidendi
The respondent failed to prove his claim to the required standard as the written contract was not tendered in evidence, and contradictions regarding consideration were not resolved. Oral evidence could not substitute written evidence when the transaction was allegedly in writing.
Court Disposition
appeal allowed
Orders
- Judgment and decree of trial court and first appellate court quashed and set aside
- Costs awarded to appellant for all courts
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