20170317 TZCA Dar es Salaam

20170317 TZCA Dar es Salaam

The trial judge erred by applying both the civil and criminal standards of proof, failed to properly evaluate the evidence and pleadings, and wrongly disregarded the appellant's documentary and oral evidence. The appellant established his claim on the required standard, and judgment is entered in his favour for the amount claimed.

Citation
20170317 TZCA Dar es Salaam
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
17 March 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Standard of Proof in Civil Cases, Dishonoured Cheques, Pleadings and Amendments, Directors' Liability, Evidence in Contract Disputes
Source Language
English
Contract Law Civil Procedure Standard of Proof in Civil Cases Dishonoured Cheques Pleadings and Amendments Directors' Liability Evidence in Contract Disputes

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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 judge erred by applying the criminal standard of proof in a civil case
  2. 2 Whether the appellant proved his claim for recovery of Tshs. 46,000,000/= on a balance of probabilities
  3. 3 Whether the trial court erred in disregarding the appellant's evidence and pleadings

Ratio Decidendi

The trial judge erred by applying both the civil and criminal standards of proof, failed to properly evaluate the evidence and pleadings, and wrongly disregarded the appellant's documentary and oral evidence. The appellant established his claim on the required standard, and judgment is entered in his favour for the amount claimed.

Court Disposition

Appeal allowed

Orders

  • Judgment entered for the appellant as prayed with costs