19731215 TZHC Mwanza2

19731215 TZHC Mwanza2

The appeal was dismissed because the evidence supported the respondent's claim, and the appellant's allegation of being denied the opportunity to call witnesses was found to be false based on his own statement in court.

Citation
19731215 TZHC Mwanza2
Parties
Appellant: Kasinda Bashumika; Respondent: Eustace Bashumika
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 1973
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Trespass to Land, Damages for Destruction of Property, Evidence Assessment
Source Language
English
Civil Law Property Law Trespass to Land Damages for Destruction of Property Evidence Assessment

Case Brief

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Parties

Kasinda Bashumika

Appellant

Eustace Bashumika

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant unlawfully cut eucalyptus trees from the respondent's land
  2. 2 Whether the trial court denied the appellant an opportunity to call witnesses

Ratio Decidendi

The appeal was dismissed because the evidence supported the respondent's claim, and the appellant's allegation of being denied the opportunity to call witnesses was found to be false based on his own statement in court.

Court Disposition

appeal dismissed

Orders

  • no order as to costs