Tanzania Judgment

TZHC

19851220 TZHC Mwanza

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Source document

01

Holding and result

The appellant failed to prove, by credible evidence, that the respondent received the claimed quantity of bricks. The document relied upon was not proved to be authentic or issued by the respondent. In the absence of other evidence, the claim could not be sustained.

Court disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent.

02

Material facts

Parties

Gershom s/o Abayo

Appellant

M/S Utigi Diary Farm

Respondent

Amounts and remedies

  • Claimed Value of Bricks: TZS 9,873.25
  • Number of Bricks Claimed: 39,493
  • Number of Bricks Admitted by Respondent: 2,000

03

Procedural history

  1. Posture

    Civil Appeal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant claimed to have supplied 39,493 burnt bricks to the respondent and relied on a chit as proof of delivery and entitlement to payment.
Respondent
The respondent denied receiving the claimed number of bricks, admitted only 2,000, and challenged the authenticity and origin of the chit produced by the appellant.

05

Court’s reasoning

  1. 01

    general law of evidence

    Documentary evidence must be proved to be authentic and attributable to the party against whom it is tendered.

  2. 02

    general civil procedure

    The burden of proof lies on the claimant to establish their case on a balance of probabilities.

06

Ratio, limits and disposition

Ratio decidendi

The appellant failed to prove, by credible evidence, that the respondent received the claimed quantity of bricks. The document relied upon was not proved to be authentic or issued by the respondent. In the absence of other evidence, the claim could not be sustained.

Court disposition

appeal dismissed

  • Appeal dismissed with costs to the respondent.

Source and reliance status

TZHC · 20 December 1985

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 20 December 1985

19851220 TZHC Mwanza

J ~\ ~~+ t~~~«' :i IN THE HIGH COURT: OF "TA~Zti.NIA I AT MWANZA. i,I. ,I . (~.C.) CIVIL .Al?PtAL ~O. :.~ OF 19'81 (From the decision of the Dist~ict Court .<Of Tari!Jl@,fi!t: II ., Civil Case No. 4 of 1979). '.1 1, l,L GERSHOM s/o ABAYO O d. 0 0 o0 0 0 0 o ·!· o .: • 0 0 0 0 0 0 • 0 0 0 0 AEE'ELLANT I I :;

I

VERSUS M/S UTlGI DIARY FARTJ! • 0 e • 0 0 e • ji e ·' ~I e • • ,:11 ,1 O • e • o e e e e RESPONDENT

JU DGEME . ~7rj/!) MUNYERAi. J. ,; i ; The appellant sued the respondenti on a contract. It was his case that on 31/3/?fi he supplied 39, 93': burnt bricks worth Shs. 9873/25 ~ 1 to the respondent company and they r:Ffused to pay. In their defenoe the respondent denied that they were/i s~pplied with the number of bricks olaimed, they ndmi tted only 2000. The :appellant called no witness but I produced a chit depicting that the rjespondent received 39,493 bricks at the price of -/25 each. The res~l°ndent desputed the genuiness of that chit saying it did not come frtjjm their office (although it bears the company's rubber stamp). The ttjia~ Magistrate rejected the doc~~ ment and dismissed appellant's claiJ in its entirety. He appealrq. ;f this Court. His complaint is that tlhe ,trial Magistrate was wrong :] ·/ Hl .•· ... rejecting the document. I ,j As I have said above the appeJ.//lant did not call any witpes_13, He only relied on the doc11ment. Th~ chit is just a plain paper· b~_a- · 'i : ring no official headed title of the company. The appellant:. d}q.. p.!;>t '1 • • J say -who signed it on behalf of the tjespondent, he simply said it: :was a clerk who went to collect the bridks~ I am in agreement with the 'I . trial Magistrate that the document ias .·• not proved as against the res- 11. .: peodent. There being no other evidence. the appellant's case had no Ii legs to stand '?:.l'l• It was rightly dismissed. Like the trial Court I I .dismiss the appeal with costs to thJ r~spondent. I , I : ii I :1 i ' It •. ,:·F MUSOMA. ii : JUDGE. 20/12/85. '] .,- ..,. ........... . 'i ~ , • . ·· .r :.. )•·:.i ., I ' ,, '' ,I ·.1, ·' I.\ .I "

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