19890926 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA AT DAR ES SALJu\M MISCELLANEOUS CIVIL .AP?EAL N0:24 OF 1988 OMARI SALUM :.:::::::~;;;::t~ APPELLANT v e r s u s PAUL MSOKI : ; : : ; : : : : : ; ~ : : : : : RESl'ONDENT J U D G E ME N T RUBAM.i\.., J. Omari Salum unsuccessfully sued Paul Mscki at the Resident Magist;rntes' Court of Dar es Salaam at Kisut.u.. He had alleged that his wife had been induced to desert him by Paul Msoki. He a.eked. for c1amages. He mentiGned several dates during which his wife had left hori1e to join Paul Msoki. He furlher mentined that his wife has u~ t0 the hearing of the case not returnerl hooe. His oain source of infcrmation, according to the evidence cf Omari Salum was the confession □ade to him by his wife - Asia Saidi. He did not, however I • .·tall her tc testify. Paul- Mscki denied the allegation that he had .b~-en illici t!,:t. C(:nnectc,i with the wife cf the said Omari Salum. This stand was fully supported by the wife of Ornari Salu~1 who had been called as a court witness- She had-testified thRt she had no illicit relaticnship with Paul Msoki and that she had left the nm.trir:-ionial heme tc.- go tc her parents after failure to solve h~r dcmestic problecs. She testified that even her parents had failep to resolve the problems. '· The learned trial magistrate analysed the evidence and,_ found that Ouari Salum on whom lay the duty to establish his case had failed tc- do so c-n the standard expected. I can '··find no fault in tpis cdnclusion •. T~e learned trial magistrat~ after having c.etailed the evfdence for the plaintiff and the ,:~a:fe:ad,n, Ji.nd after ad~res~tngherself on the burden of proof ninutely analysed the evidence anj fcund ;or Paul Msoki. She could have reached no other conclµsion on the face of the evidence. The appellant had clair1ed that he had. been inf orned c,f the detail-a of illicit meetings between his wife and Paul Msoki by his own wife, who when called to testify diS.Q.wllted .. ' the story by his husbana, the plaintiff. Omari Salum was thus exposed as a liar. His basic evi!'lenc·o exposed as unworthy cf. belief,his remaining evidence went to prcye ncthing at all. His submission before ~e fees not change this positicn. I clisr:iiss the appeal with costs. \. \ .-:._~--., ~~ 'x: ~ C.'-..~J~ YAHYA R~AMA JUDGE 2 Corar.1: RUBAMA, J. Appellant - present. Res 1Jondent - absent.I Judgaent delivered. YAHYA RUBAViA JUDGE DAR - ES SALA.A.J:11 26TH SEPTEJ:,'.ffi~R, 1989