20030408 TZHC Bukoba2

The appellants unlawfully entered the respondent's shamba, cut down trees, and harvested coffee. Ownership was not in dispute. The lower courts' findings of fact and award of damages are upheld.

Citation: 20030408 TZHC Bukoba2
Parties: Appellant: Calist John; Appellant: Sostenes John; Respondent: Symphorian Mushobozi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 April 2003
Procedural Posture: Civil Appeal / Second Appeal Before High Court
Outcome: appeal dismissed
Legal Topics: Land Ownership, Trespass, Damages
Source Language: English

Civil Law Property Law Land Ownership Trespass Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Calist John

Appellant

Sostenes John

Appellant

Symphorian Mushobozi

Respondent

Procedural Posture

Civil Appeal / Second Appeal Before High Court

Legal Issues

1 Whether the appellants unlawfully entered the respondent's shamba and caused damage
2 Whether the respondent is entitled to damages for the appellants' actions

Ratio Decidendi

The appellants unlawfully entered the respondent's shamba, cut down trees, and harvested coffee. Ownership was not in dispute. The lower courts' findings of fact and award of damages are upheld.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs to the respondent