elizabeth nyanda vs emmanuel stanslaus 2009 tzhc 181 24 march 2009

The appellant failed to prove her claim on the balance of probabilities; the first appellate court correctly resolved the issues and there is no basis to interfere with its findings.

Citation: elizabeth nyanda vs emmanuel stanslaus 2009 tzhc 181 24 march 2009
Parties: Appellant: Elizabeth Nyanda; Respondent: Emmanuel Stanslaus
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 March 2009
Procedural Posture: Civil Appeal / Second Appeal (high Court)
Outcome: appeal dismissed
Legal Topics: Burden of Proof, Appeals, Evidence Evaluation
Source Language: English

Civil Procedure Burden of Proof Appeals Evidence Evaluation

Case Brief

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Parties

Elizabeth Nyanda

Appellant

Emmanuel Stanslaus

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

1 Whether the appellant's claim was proved on the balance of probabilities
2 Whether the first appellate court erred in dismissing the appellant's claim

Ratio Decidendi

The appellant failed to prove her claim on the balance of probabilities; the first appellate court correctly resolved the issues and there is no basis to interfere with its findings.

Court Disposition

appeal dismissed

Orders

Appeal dismissed in its entirety
No order as to costs