dunstan michael msenga vs levina john mushi 2020 tzhc 4299 19 august 2020

dunstan michael msenga vs levina john mushi 2020 tzhc 4299 19 august 2020

The appellant failed to account for Tshs.2,750,000/= received from the respondent for construction purposes. The respondent's evidence was found to be weightier than the appellant's general denial. Acquittal in the criminal case did not absolve the appellant of civil liability. The findings and decisions of the lower courts were justified in law.

Citation
dunstan michael msenga vs levina john mushi 2020 tzhc 4299 19 august 2020
Parties
Appellant: Dunstan Michael Msenga; Respondent: Levina John Mushi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 August 2020
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Accounting for Funds, Standard of Proof, Distinction Between Civil and Criminal Liability
Source Language
English
Civil Law Breach of Contract Accounting for Funds Standard of Proof Distinction Between Civil and Criminal Liability

Case Brief

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Parties

Dunstan Michael Msenga

Appellant

Levina John Mushi

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant is liable to account for Tshs.2,750,000/= received for construction purposes
  2. 2 Whether acquittal in a related criminal case absolves civil liability

Ratio Decidendi

The appellant failed to account for Tshs.2,750,000/= received from the respondent for construction purposes. The respondent's evidence was found to be weightier than the appellant's general denial. Acquittal in the criminal case did not absolve the appellant of civil liability. The findings and decisions of the lower courts were justified in law.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent in this and lower courts.