19970917 TZHC Dar es Salaam

Plaintiff failed to prove the claimed amount of Tsh one million due to lack of documentary evidence; court exercised discretion to award Tsh 800,000 as just compensation.

Citation: 19970917 TZHC Dar es Salaam
Parties: Plaintiff: Jalifa Halfari Enssoni Marealle; 2nd Defendant: Abdallah Marufu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 September 1997
Procedural Posture: Civil / Judgment
Outcome: judgment for plaintiff against 2nd defendant
Legal Topics: Foundation Value, Damages, Ex Parte Proceedings
Source Language: English

Property Law Civil Procedure Foundation Value Damages Ex Parte Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Jalifa Halfari Enssoni Marealle

Plaintiff

Abdallah Marufu

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff proved the value of the foundation and materials laid on the disputed plot
2 Whether the plaintiff is entitled to reimbursement for the foundation and materials

Ratio Decidendi

Plaintiff failed to prove the claimed amount of Tsh one million due to lack of documentary evidence; court exercised discretion to award Tsh 800,000 as just compensation.

Court Disposition

judgment for plaintiff against 2nd defendant

Orders

2nd defendant to pay plaintiff Tsh 800,000 plus interest and costs