20080226 TZHC Mwanza 1

20080226 TZHC Mwanza 1

The appellate court found that the evidence established the respondent's cattle destroyed the appellant's crops, but the value of the damage was only proved up to Tshs. 200,000/= as per the signed reconciliation document, not the claimed Tshs. 600,000/=.

Citation
20080226 TZHC Mwanza 1
Parties
Appellant: Francis Milingwa; Respondent: Paulo Kisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2008
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal partially allowed
Legal Topics
Compensation for Property Damage, Assessment of Damages, Evidence Evaluation
Source Language
English
Civil Law Tort Law Compensation for Property Damage Assessment of Damages Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Francis Milingwa

Appellant

Paulo Kisi

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent's cattle destroyed the appellant's crops
  2. 2 Whether the value of the destroyed crops was proved

Ratio Decidendi

The appellate court found that the evidence established the respondent's cattle destroyed the appellant's crops, but the value of the damage was only proved up to Tshs. 200,000/= as per the signed reconciliation document, not the claimed Tshs. 600,000/=.

Court Disposition

appeal partially allowed

Orders

  • District Court judgment set aside
  • Primary Court judgment restored except for amount of compensation