iddi babu vs grace sillo wawa others 2018 tzhc 2724 10 july 2018

iddi babu vs grace sillo wawa others 2018 tzhc 2724 10 july 2018

Appellant failed to establish cause of action against the respondents as ownership and liability had transferred to third parties. No actionable nuisance was proved as no evidence showed noise exceeded statutory standards. Special damages were not pleaded or proved.

Citation
iddi babu vs grace sillo wawa others 2018 tzhc 2724 10 july 2018
Parties
Appellant: Iddi Salum Babu; 1st Respondent: Grace Sillo Wawa; 2nd Respondent: MIC Tanzania Limited; 3rd Respondent: Tigo Tanzania Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 July 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Nuisance, Cause of Action, Noise Pollution, Special Damages
Source Language
English
Civil Law Environmental Law Tort Law Nuisance Cause of Action Noise Pollution Special Damages

Case Brief

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Parties

Iddi Salum Babu

Appellant

Grace Sillo Wawa

1st Respondent

MIC Tanzania Limited

2nd Respondent

Tigo Tanzania Limited

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had a cause of action against the respondents
  2. 2 Whether the alleged nuisance was actionable under the law
  3. 3 Whether special damages were proved

Ratio Decidendi

Appellant failed to establish cause of action against the respondents as ownership and liability had transferred to third parties. No actionable nuisance was proved as no evidence showed noise exceeded statutory standards. Special damages were not pleaded or proved.

Court Disposition

appeal dismissed

Orders

  • Each party to bear its own costs
  • Right of appeal explained