fanuel kasogota vs girbert myonga 2014 tzhc 2039 14 april 2014
The respondent proved the claim for damages on the balance of probabilities, and the appellant acted personally in demolishing the respondent's hut. No compelling reason exists to reverse the concurrent findings of the lower courts.
Source-derived case information.
- Citation
- fanuel kasogota vs girbert myonga 2014 tzhc 2039 14 april 2014
- Parties
- Appellant: Fanuel Kasogota; Respondent: Girbert Myonga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 April 2014
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Damages, Trespass, Balance of Probabilities, Malicious Damage to Property
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fanuel Kasogota
Appellant
Girbert Myonga
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the respondent proved the claim for damages on the balance of probabilities
- 2 Whether the appellant acted in personal capacity or official capacity
- 3 Whether the lower courts erred in awarding damages without documentary evidence
Ratio Decidendi
The respondent proved the claim for damages on the balance of probabilities, and the appellant acted personally in demolishing the respondent's hut. No compelling reason exists to reverse the concurrent findings of the lower courts.
Court Disposition
appeal dismissed
Orders
- Decision of the two courts below upheld
- Appeal dismissed with costs
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