19760420 TZHC Arusha

) dcz- o e XA, IN TH UICI COUhi? OF TAI'JZAITIA AT :LdU;HA (PC) CIVIL AFPLJJ ITO. 52 OF 1973 (FRaU TilL DLCI3I05 OF TEL IDISThICT COUTPLJ OF HANANGt AT BABATI ITT CIVIL APPEAl: iTO. 9 OF 1973) IASHIRIYERASIRASI ............ ..... ... APPELLA1?T VERSUS REBECL. TSERE .......................... RESPONDENT TTrrr1 rTpT7i U U.UXJJiILiJJ IdL.KLlIE 2 J. Tho prasc:nt rcs pondsnt failcd at tin. Primary Court of Babati; Hanaiig District, to sstablish h,ZL claun. for L.900/= coaponsation for h.r crops a1Iocd1y niaraudod by tho apucliant's goats. Going by th. ovidsncc aciducc•d boforo that Court I rospoctfully s:c no sound r:.ason warranting ths rlvcrsal of th s Primary Court's docision by the District liadistratu. • Tho prcsnt rcspontLnt adduccd no roliablo ovidoncc that 11cr croijs woro dstroycd othr than on the occasion rslat Id by hsr own vzibnocscs and for which hor witnsosos said ohs was paid two 3o7ts. Shs cicariy nado it appoar that oh was tal.Lin, of :aiothr diffuront occasion and, ncith r in hor •.vidsncc nor in hsr planni, did sho rcf or to tnc; paynont of two goats at all. For Cho admittad occasion thu trial Court found that she had boon paid the two goats and, on appoal to who District Court, ohs mads it c,iDp(:nr th:.t cii.. occasion Was 0111 and tlas sacac only that 1atr th pa swat aJ1Dol1.1nt unt to r.tri;.vc his animals. This cisvwith hour shift should not hays bcsn accoptod by Th:., first_arps1lai1t. Court and it is not acccptcd by this 5 Court • Eurth:r support for v:Lw th. :b tho ruspondont was - allcyng two dilicrorob occasions is who fact that sho said sh did not rajort ths mnottor to who Coll Lccodr ihsroas following th .ldciiti.d occasion quitL cloarly the mattor was dcliborcsb.d on at tin. viILJagc Bcraza. I support tho drcision of tho Primary Court in favour of tia pr.o alt appLLant and so allow ti.. aposal. The rspondcnt::whc.ca Tscro is to pay 9,60/= costs. Arusha: April 20, 1976 Q. N. MALitE JUDCT3T, LI0:i/IiTP1v'1:.