julian dani kimaro vs attorney general 2019 tzhc 99 17 october 2019

Plaintiff failed to prove on a balance of probabilities that the seized motor vehicle belonged to him; therefore, he is not entitled to its return or compensation.

Citation: julian dani kimaro vs attorney general 2019 tzhc 99 17 october 2019
Parties: Plaintiff: Julian Dani Kimaro; Defendant: Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 October 2019
Procedural Posture: Civil / Judgment
Outcome: Suit dismissed for lack of merits.
Legal Topics: Burden of Proof, Ownership of Property, Return of Seized Property, Admissibility of Evidence
Source Language: English

Civil Procedure Property Law Burden of Proof Ownership of Property Return of Seized Property Admissibility of Evidence

Case Brief

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Parties

Julian Dani Kimaro

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff's motor vehicle Reg. No. MG 6152 Landrover 109 was seized by the police in connection with murder charges
2 Whether at the end of criminal charges the Court ordered return of the same to the Plaintiff
3 Whether the said motor vehicle was returned to the Plaintiff as per the order of the Court

Ratio Decidendi

Plaintiff failed to prove on a balance of probabilities that the seized motor vehicle belonged to him; therefore, he is not entitled to its return or compensation.

Court Disposition

Suit dismissed for lack of merits.

Orders

Each party to bear its own costs.