19900530 TZCA Dodoma

19900530 TZCA Dodoma

The award of damages was set aside because there was no proof of the specific portion of land trespassed or the extent of damage, as the 4 acres awarded were not specifically demarcated and no evidence of actual loss was established.

Citation
19900530 TZCA Dodoma
Parties
Appellant: Jackson Mbararia; Respondent: Festo Hgowi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 May 1990
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Trespass to Land, Damages, Burden of Proof
Source Language
English
Civil Law Tort Law Trespass to Land Damages Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jackson Mbararia

Appellant

Festo Hgowi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the award of damages for trespass was justified given the lack of proof of specific land boundaries and extent of damage.
  2. 2 Whether the claim should have been dismissed because the acreage proved was less than pleaded.

Ratio Decidendi

The award of damages was set aside because there was no proof of the specific portion of land trespassed or the extent of damage, as the 4 acres awarded were not specifically demarcated and no evidence of actual loss was established.

Court Disposition

appeal allowed

Orders

  • Award of Shs. 14,000/- as damages set aside.