20040611 TZHC Arusha

The respondent proved on a balance of probabilities that he was prevented from using his land during the pendency of the appellant's suit, entitling him to compensation for loss of use and crops.

Citation: 20040611 TZHC Arusha
Parties: Appellant: Jumainne Ramjilhan; Respondent: Juma Ramjilhan
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 June 2004
Procedural Posture: Civil Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Compensation for Loss of Use, Damages, Withdrawal of Suit, Injunction
Source Language: English

Civil Law Tort Law Compensation for Loss of Use Damages Withdrawal of Suit Injunction

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Parties

Jumainne Ramjilhan

Appellant

Juma Ramjilhan

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether the respondent was entitled to compensation for loss of use of land and crops due to the appellant's suit
2 Whether sufficient evidence existed that the respondent was prevented from using his land

Ratio Decidendi

The respondent proved on a balance of probabilities that he was prevented from using his land during the pendency of the appellant's suit, entitling him to compensation for loss of use and crops.

Court Disposition

appeal dismissed

Orders

Appellant's appeal is dismissed with costs.