PC

PC

The respondent failed to strictly prove the claim for special damages on balance of probabilities; there was no tangible evidence of the alleged transaction, and the lower courts erred in awarding the claimed amount without strict proof.

Citation
PC
Parties
Appellant: Laban Y Ason; Respondent: Horest Protas
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
PC Civil Appeal / Second Appeal, High Court
Outcome
appeal allowed
Legal Topics
Burden of Proof, Balance of Probabilities, Specific Damages, Oral Contract, Appellate Review
Source Language
English
Civil Law Contract Law Burden of Proof Balance of Probabilities Specific Damages Oral Contract Appellate Review

Case Brief

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Parties

Laban Y Ason

Appellant

Horest Protas

Respondent

Procedural Posture

PC Civil Appeal / Second Appeal, High Court

Legal Issues

  1. 1 Whether the respondent proved the claim for Tshs 15,668,250/= against the appellant on balance of probabilities
  2. 2 Whether the lower courts erred in awarding special damages without strict proof
  3. 3 Whether the second appellate court can interfere with concurrent findings of fact

Ratio Decidendi

The respondent failed to strictly prove the claim for special damages on balance of probabilities; there was no tangible evidence of the alleged transaction, and the lower courts erred in awarding the claimed amount without strict proof.

Court Disposition

appeal allowed

Orders

  • decisions of the lower courts quashed and set aside
  • no orders as to costs