19700729 TZHC Mwanza3

19700729 TZHC Mwanza3

The evidence from the respondent, corroborated by witnesses and the Field Officer, established that the appellant's cattle caused the damage. The assessment of compensation was reasonable and based on the evidence. There was no merit in the appellant's grounds of appeal.

Citation
19700729 TZHC Mwanza3
Parties
Appellant: Dmodi Bela; Respondent: Ziri Mohid
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 1970
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Damage by Animals, Assessment of Damages, Appeals Procedure
Source Language
English
Tort Property Damage by Animals Assessment of Damages Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Dmodi Bela

Appellant

Ziri Mohid

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant's cattle caused damage to the respondent's cotton crop
  2. 2 Whether the compensation awarded was justified
  3. 3 Whether the lower courts properly evaluated the evidence

Ratio Decidendi

The evidence from the respondent, corroborated by witnesses and the Field Officer, established that the appellant's cattle caused the damage. The assessment of compensation was reasonable and based on the evidence. There was no merit in the appellant's grounds of appeal.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The respondent is awarded costs.