eva warati vs amos kyangwe and another 2023 tzhc 15889 27 february 2023

eva warati vs amos kyangwe and another 2023 tzhc 15889 27 february 2023

The appellant failed to establish, on the balance of probabilities, that the seized goods were 49 logs and 19 pieces of timber or that she was entitled to the claimed amount. The evidence was insufficient and weaker than that of the respondents, justifying dismissal of the appeal.

Citation
eva warati vs amos kyangwe and another 2023 tzhc 15889 27 february 2023
Parties
Appellant: Eva Warati; 1st Respondent: Amos Kyangwe; 2nd Respondent: Richard Mkoji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 2023
Procedural Posture
Civil Appeal / Second Appeal (high Court) From District Court and Primary Court
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Evidence, Ownership of Property, Appeals
Source Language
English
Civil Law Burden of Proof Evidence Ownership of Property Appeals

Case Brief

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Parties

Eva Warati

Appellant

Amos Kyangwe

1st Respondent

Richard Mkoji

2nd Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court) From District Court and Primary Court

Legal Issues

  1. 1 Whether the appellant established her claim for 49 logs and 19 pieces of timber worth 500,000/- against the respondents to the required legal standard

Ratio Decidendi

The appellant failed to establish, on the balance of probabilities, that the seized goods were 49 logs and 19 pieces of timber or that she was entitled to the claimed amount. The evidence was insufficient and weaker than that of the respondents, justifying dismissal of the appeal.

Court Disposition

appeal dismissed

Orders

  • Each party to bear their own costs