19891212 TZCA Mwanza
The respondent failed to strictly prove special damages as required by law; the evidence did not support the claim that seizure of documents prevented business operations, and the High Court's award was erroneous.
- Citation
- 19891212 TZCA Mwanza
- Parties
- Appellant: James Mwroge Masi; Appellant: Attorney General; Respondent: Rugarabamu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 1989
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Wrongful Arrest, Special Damages, Proof of Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
James Mwroge Masi
Appellant
Attorney General
Appellant
Rugarabamu
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether special damages were strictly proved by the respondent
- 2 Whether the seizure of documents prevented the respondent from operating his business
Ratio Decidendi
The respondent failed to strictly prove special damages as required by law; the evidence did not support the claim that seizure of documents prevented business operations, and the High Court's award was erroneous.
Court Disposition
appeal allowed
Orders
- The award for special damages is set aside.
Full Case Text
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