godwin yoronimo vs leonardina vedasto 2022 tzhc 9557 29 april 2022

godwin yoronimo vs leonardina vedasto 2022 tzhc 9557 29 april 2022

The appellant proved on the balance of probabilities that he paid TZS 1,500,000/= for land which was not owned by the respondent; thus, he is entitled to a refund. The District Court erred in reversing the Primary Court's decision and ordering a retrial without nullifying the trial proceedings.

Citation
godwin yoronimo vs leonardina vedasto 2022 tzhc 9557 29 april 2022
Parties
Appellant: Godwini Yoronimo; Respondent: Leonardina Vedasto
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2022
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal allowed
Legal Topics
Contract, Sale of Land, Restitution, Burden of Proof
Source Language
English
Civil Law Contract Sale of Land Restitution Burden of Proof

Case Brief

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Parties

Godwini Yoronimo

Appellant

Leonardina Vedasto

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the District Court erred in reversing the Primary Court's decision ordering refund of purchase price
  2. 2 Whether the appellant proved his claim for refund on the balance of probabilities

Ratio Decidendi

The appellant proved on the balance of probabilities that he paid TZS 1,500,000/= for land which was not owned by the respondent; thus, he is entitled to a refund. The District Court erred in reversing the Primary Court's decision and ordering a retrial without nullifying the trial proceedings.

Court Disposition

appeal allowed

Orders

  • Decree and judgment of the District Court set aside
  • Judgment and decree of the Primary Court confirmed and restored