19741025 TZHC Mwanza
The appellant exceeded the agreed measurements of the plot as per the written agreement, and the grounds of appeal lack merit.
Source-derived case information.
- Citation
- 19741025 TZHC Mwanza
- Parties
- Appellant: Kaningo Tepjigwa; Respondent: Jheemiah Munene
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 October 1974
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sale of Land, Contractual Measurements, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kaningo Tepjigwa
Appellant
Jheemiah Munene
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the appellant exceeded the agreed plot measurements
- 2 Whether the grounds of appeal have merit
Ratio Decidendi
The appellant exceeded the agreed measurements of the plot as per the written agreement, and the grounds of appeal lack merit.
Court Disposition
appeal dismissed
Orders
- Costs awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
IN TFU HIGH COURT OF ThHZANII T MWINZ (PC) CIVIL JPPFL No 0 175 OF 1971 (From the decision of the District Court of Bukoba at Bukoba in Civil appeal No. 232 of 1971 before J.N. Russeta Faq 0 , D.M. and Nahamba Pr. Court Civil Case No. 156/71) KANINGOTEPJJGWA. 000000 0 000 ... PPPFLLNT versus JHEEMIAHMUNENE. 0000000,000,00000000 ,flaPONDIPI J UDGEMENT This appeal shouldnot have been adsnittcd for hearing bacuc it has nomerits at all. The sale of the plot in question between the appe11ant— Kaningo and the respondent — JGTCmiak was reduced to writing • and the size of the plot was to be the same as that of the house of V Justina. It was upon the appllant to take the measurement of the house of Justina before building. dncc the respondent had shown him from where to etart measuring, the appellant should have restricted hims1f to the measurements of the house of Justina. It was found as a fact by the courts below that the appellant exceeded the agreed ice asuremonts. There is nothing of importance in the grounds of appeal. The appeal is accordin1y dismissed with costs to the respondent. I 25th October, 1974. N, H 'iUSHI CHIFF RIDFNT MjGISTRTE (Exercislg Fxtendcd Jurisdiction)