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Compensation for alleged tree cutting was denied due to lack of evidence; costs for hiring a vehicle and filing fees were allowed as they facilitated court proceedings; assessors' allowances are not recoverable from the opposing party.

Citation
N
Parties
Appellant: Iddi; Respondent: Rashid Singano
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1978
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly dismissed and partly allowed.
Legal Topics
Compensation, Costs, Damages, Trespass
Source Language
English
Civil Law Tort Law Compensation Costs Damages Trespass

Case Brief

Summary, issues, holding and outcome

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Parties

Iddi

Appellant

Rashid Singano

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to compensation for trees allegedly cut by the respondent
  2. 2 Whether the appellant is entitled to costs for hiring a vehicle and assessors' allowances

Ratio Decidendi

Compensation for alleged tree cutting was denied due to lack of evidence; costs for hiring a vehicle and filing fees were allowed as they facilitated court proceedings; assessors' allowances are not recoverable from the opposing party.

Court Disposition

Appeal partly dismissed and partly allowed.

Orders

  • Compensation for trees and assessors' allowances dismissed.
  • Costs for hiring vehicle and filing fees allowed (Shs 336/= total).