19760728 TZHC Mwanza

19760728 TZHC Mwanza

The appeal was dismissed because the trial court was entitled to believe the respondent's account based on credibility, and there was no basis for appellate interference.

Source-derived case information.

Citation
19760728 TZHC Mwanza
Parties
Appellant: Joel Kandeba; Respondent: Athuman Issa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 July 1976
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Loan Recovery, Oral Contracts, Credibility of Witnesses
Source Language
english
Civil Law Loan Recovery Oral Contracts Credibility of Witnesses

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joel Kandeba

Appellant

Athuman Issa

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent proved the loan to the required standard despite lack of written evidence or witnesses
  2. 2 Whether the trial court was correct in relying on the credibility of the respondent

Ratio Decidendi

The appeal was dismissed because the trial court was entitled to believe the respondent's account based on credibility, and there was no basis for appellate interference.

Court Disposition

appeal dismissed

Orders

  • Appellant to repay the principal sum within three months from the date of judgment
  • Appellant to pay costs