daudi mpangala vs edmund oddo others 2008 tzhc 68 27 march 2008

daudi mpangala vs edmund oddo others 2008 tzhc 68 27 march 2008

The appellant failed to prove that the respondents deliberately caused damage to his property; the evidence showed the damage was due to natural flow of water, not the respondents' actions. The appeal was filed within time, but lacked merit on substantive grounds.

Citation
daudi mpangala vs edmund oddo others 2008 tzhc 68 27 march 2008
Parties
Appellant: Daudi Mpangala; Respondent: Edmund Oddo Ndunguru; Respondent: Peter E. Ndunguru; Respondent: Pancras Andrew
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 2008
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
General Damages, Specific Damages, Natural Flow of Water, Evidence Assessment, Appeal Out of Time
Source Language
English
Tort Law Civil Procedure General Damages Specific Damages Natural Flow of Water Evidence Assessment Appeal Out of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Daudi Mpangala

Appellant

Edmund Oddo Ndunguru

Respondent

Peter E. Ndunguru

Respondent

Pancras Andrew

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in framing issues applicable to specific damages instead of general damages
  2. 2 Whether the trial court erred in disbelieving the testimony of Pw4 due to his relationship to the appellant
  3. 3 Whether the appeal was filed within the prescribed time

Ratio Decidendi

The appellant failed to prove that the respondents deliberately caused damage to his property; the evidence showed the damage was due to natural flow of water, not the respondents' actions. The appeal was filed within time, but lacked merit on substantive grounds.

Court Disposition

appeal dismissed

Orders

  • trial court's decision confirmed
  • costs to follow the event