christian kileo vs manyika malugo 2020 tzhc 3993 23 october 2020

christian kileo vs manyika malugo 2020 tzhc 3993 23 october 2020

Appellant failed to prove trespass and special damages on the balance of probabilities; evidence was insufficient and court records lacked necessary exhibits and proof.

Source-derived case information.

Citation
christian kileo vs manyika malugo 2020 tzhc 3993 23 october 2020
Parties
Appellant: Christian Kileo; Respondent: Manyika Malugo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2020
Procedural Posture
Civil Appeal / Second Appeal, Judgment
Outcome
appeal disallowed
Legal Topics
Trespass, Compensation, Special Damages, Evidence Evaluation
Source Language
english
Civil Law Tort Law Trespass Compensation Special Damages Evidence Evaluation

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Summary, issues, holding and outcome

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Parties

Christian Kileo

Appellant

Manyika Malugo

Respondent

Procedural Posture

Civil Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 whether trespass was proved on the appellant's farm
  2. 2 whether compensation for destroyed crops was established
  3. 3 whether special damages were strictly proved

Ratio Decidendi

Appellant failed to prove trespass and special damages on the balance of probabilities; evidence was insufficient and court records lacked necessary exhibits and proof.

Court Disposition

appeal disallowed

Orders

  • finding of Kondoa District Court in Civil Appeal No. 16 of 2018 upheld
  • proceedings and judgment and decree of Trial Court quashed