charles richard kombe ta building vs evarani mtungi others 2017 tzca 153 8 march 2017

charles richard kombe ta building vs evarani mtungi others 2017 tzca 153 8 march 2017

The trial court erred by applying both civil and criminal standards of proof and by failing to properly evaluate the evidence and pleadings. The appellant established his claim on the balance of probabilities, supported by documentary and oral evidence, and is entitled to judgment as prayed.

Citation
charles richard kombe ta building vs evarani mtungi others 2017 tzca 153 8 march 2017
Parties
Appellant: Charles Richard Kombe t/a Building; Respondent: Evarani Mtungi; Respondent: Mohamed Lwiza; Respondent: General Services & Constructions Co. Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 March 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Standard of Proof, Dishonoured Cheques, Pleadings and Amendments, Directors' Liability, Guarantee and Suretyship
Source Language
English
Contract Law Commercial Law Evidence Law Standard of Proof Dishonoured Cheques Pleadings and Amendments Directors' Liability Guarantee and Suretyship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Charles Richard Kombe t/a Building

Appellant

Evarani Mtungi

Respondent

Mohamed Lwiza

Respondent

General Services & Constructions Co. Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court applied the correct standard of proof in a civil case
  2. 2 Whether the appellant proved supply of cement blocks and entitlement to payment
  3. 3 Whether the respondents could rely on oral evidence to contradict a written contract

Ratio Decidendi

The trial court erred by applying both civil and criminal standards of proof and by failing to properly evaluate the evidence and pleadings. The appellant established his claim on the balance of probabilities, supported by documentary and oral evidence, and is entitled to judgment as prayed.

Court Disposition

appeal allowed

Orders

  • judgment entered for the appellant as prayed with costs