19700720 TZHC Mwanza

19700720 TZHC Mwanza

The additional evidence established that the cattle belonged to the judgment debtor Okunya and were placed with Kirundu to avoid attachment; the primary court erred by not allowing Ismael to call witnesses.

Citation
19700720 TZHC Mwanza
Parties
Appellant: Ismael Osuko; Respondent: Kirundu Masira; Judgment Debtor: Okunya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 July 1970
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal allowed
Legal Topics
Execution of Decree, Attachment of Property, Evidence
Source Language
English
Civil Procedure Execution of Decree Attachment of Property Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Ismael Osuko

Appellant

Kirundu Masira

Respondent

Okunya

Judgment Debtor

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the attached cattle belonged to the judgment debtor Okunya
  2. 2 Whether the primary court erred in refusing to allow additional witnesses

Ratio Decidendi

The additional evidence established that the cattle belonged to the judgment debtor Okunya and were placed with Kirundu to avoid attachment; the primary court erred by not allowing Ismael to call witnesses.

Court Disposition

appeal allowed

Orders

  • District Court judgment quashed
  • Orders of District Court set aside