19871007 TZHC Tabora

IN THE HIGH cou111 OF T 11'-li.', l}l'JI ~ (PC) CIVIL 4T'T'E.~L NO? L:1l. OF 1987 FROM DISTRI•:;:r conRr crv,rL 4PPE4L N0.2/1986(KIBONDO) (OT:cIGINnL CIVIL C4'3E N0.17 OF 1985 MUGUNZU P/OOURI') CHIZA B ~T-IIND.~MBI. •••••••••••••••••••••• i1.PPELL4NT Versus MULIK A S .~BUHOLO: •••••••••.•••••••••..•• RESPONDENT JUDGMENT CHIR..§T ,l, J • In Kibondo Urban Primary Court, the present respondent, I\!Iulika s/o 3abuholo, sued the _present appellant, Chiza s/o Bahindambi, for Shs. 2, 575/==- bein'.S damages for plants destroyeC. allegedly by the 8 ppellant 's c 8 tt.le. The trial court !;lllowed the claim to the extent of Shs.l, 500/=-, On appeal to th·e Distrj_ct Court, that court found as a fact that only maize plants were destroyed,. alV,. relying on the respondent's assessment, the first 8 ppellgte court assessed the damages Bt Shs. l, 050/=• Dissatisfied, the aI)pellant has 8 ppealed to this court. During the hearing of this 3 ppe!31:- the gppellant continued to challenge findings of fact by both courts below and described the respondent's claj.m as being bogus. As this is a second 8 ppe:1l it is much too late in the d~y t to ch131lenge questions of fqctt p 8 rticularly those on which the two courts below c 8 me to concurrent findings. It Was f:~und by both courts below to be a f::ict th'3t some of the r:ippe.l.l:int 's crops were destroyed by the 8 ppell'3nt 's c 8 ttle, 8 nd the assessment of dam8ges by the first 8 ppoalL1nt court cannot I be saj_d to h':lve b ecn unre 8 son'3ble In the upshots this appef-31 fi:,d.ls 8nd j_s 8.Ccordingly dis.missed. ~s the respondent d.id not gppe 8 r during the hearing of this ord.cr :is to costs in this court. .I ; t / ·,t,1/ i.~ { I i . .;·{ _; /.' t' B .. D.. CHTPBr .\, --- JUDGE. 7/10/87. ♦