20190219 TZHC Mwanza

20190219 TZHC Mwanza

The appellant failed to strictly prove her claim for special damages as required by law, failed to tender admissible evidence of the alleged lost property, and departed from her pleadings regarding the amount claimed. The trial tribunal was correct in dismissing the claim, and the appeal is dismissed for lack of merit.

Source-derived case information.

Citation
20190219 TZHC Mwanza
Parties
Appellant: Ester Jeremiah Mkama; Respondent: Bertha Mtaragara Chirangi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 February 2019
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed
Legal Topics
Tenancy, Special Damages, Pleadings, Evidence, Appeals
Source Language
english
Land Law Civil Procedure Tenancy Special Damages Pleadings Evidence Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ester Jeremiah Mkama

Appellant

Bertha Mtaragara Chirangi

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant proved her claim for damages for loss of property allegedly thrown away by the respondent
  2. 2 Whether the trial tribunal erred in dismissing the appellant's claim based on evidence and pleadings
  3. 3 Whether the trial tribunal properly departed from the assessors' opinion

Ratio Decidendi

The appellant failed to strictly prove her claim for special damages as required by law, failed to tender admissible evidence of the alleged lost property, and departed from her pleadings regarding the amount claimed. The trial tribunal was correct in dismissing the claim, and the appeal is dismissed for lack of merit.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear their own costs