john gogo vs salum lengipa 2010 tzhc 177 2 september 2010

john gogo vs salum lengipa 2010 tzhc 177 2 september 2010

The appeal was dismissed because the appellant failed to establish his claim in the trial court, having prevented the court from visiting the locus in quo, and thus the lower courts were correct in deciding in favour of the respondent.

Citation
john gogo vs salum lengipa 2010 tzhc 177 2 september 2010
Parties
Appellant: John Gogo; Respondent: Salum Lengipa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2010
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Compensation for Crop Damage, Procedure for Filing Claims, Evaluation of Evidence, Role of Court in Locus in Quo Visits
Source Language
English

Case Brief

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Parties

John Gogo

Appellant

Salum Lengipa

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

  1. 1 Whether the appellant established his claim for compensation for crop damage
  2. 2 Whether the appellant prevented the court from visiting the locus in quo
  3. 3 Whether the claim was properly filed and supported by evidence

Ratio Decidendi

The appeal was dismissed because the appellant failed to establish his claim in the trial court, having prevented the court from visiting the locus in quo, and thus the lower courts were correct in deciding in favour of the respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.