hendry joseph lyimo vs george c mhema another 2015 tzhc 2221 29 may 2015
Appellant failed to prove special damages with documentary evidence; award of general damages is discretionary and appellant was granted TShs. 5,000,000/- under 'any other relief' due to admitted wrongful sale by 1st respondent.
- Citation
- hendry joseph lyimo vs george c mhema another 2015 tzhc 2221 29 may 2015
- Parties
- Appellant: Hendry Joseph Lyimo; Respondent: George C. M11ema; Respondent: Another (2nd respondent)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 May 2015
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal dismissed except to the extent allowed
- Legal Topics
- Damages, Ownership of Property, Sale Agreement, Innocent Purchaser
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hendry Joseph Lyimo
Appellant
George C. M11ema
Respondent
Another (2nd respondent)
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the appellant proved entitlement to special damages for 140 pine trees sold by the 1st respondent to the 2nd respondent
- 2 Whether the appellant was entitled to higher general damages
- 3 Whether the 2nd respondent was an innocent purchaser
Ratio Decidendi
Appellant failed to prove special damages with documentary evidence; award of general damages is discretionary and appellant was granted TShs. 5,000,000/- under 'any other relief' due to admitted wrongful sale by 1st respondent.
Court Disposition
appeal dismissed except to the extent allowed
Orders
- Appellant awarded TShs. 5,000,000/- as general damages under 'any other relief'
- Respondents to pay costs of the appeal
Full Case Text
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