19860123 TZHC Mbeya

The respondent was training the bull at the appellant's request; the death was accidental and respondent is not liable for compensation except for proceeds from the sale of meat.

Citation: 19860123 TZHC Mbeya
Parties: Appellant: Hiyahistia; Respondent: Eli Mwaikeande
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 January 1986
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Compensation for Loss of Property, Liability for Accidental Death of Livestock
Source Language: English

Civil Law Compensation for Loss of Property Liability for Accidental Death of Livestock

Case Brief

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Parties

Hiyahistia

Appellant

Eli Mwaikeande

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the respondent is liable to compensate the appellant for the accidental death of the bull during training
2 Whether the appellant is entitled to proceeds from the sale of the dead bull's meat

Ratio Decidendi

The respondent was training the bull at the appellant's request; the death was accidental and respondent is not liable for compensation except for proceeds from the sale of meat.

Court Disposition

appeal dismissed

Orders

Appellant to be paid shillings 500 from proceeds of meat sale
Respondent awarded costs in this court