19761119 TZHC Musoma

19761119 TZHC Musoma

The appellant failed to prove the alleged part-payment, and the courts below were justified in believing the respondent and his witnesses based on credibility.

Source-derived case information.

Citation
19761119 TZHC Musoma
Parties
Appellant: MAGESL s/o 141G-OTI; Respondent: l'ILXONG-E s/o ML.IGL.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 November 1976
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Hire Charges, Payment Dispute, Burden of Proof
Source Language
english
Contract Hire Charges Payment Dispute Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

MAGESL s/o 141G-OTI

Appellant

l'ILXONG-E s/o ML.IGL.

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant made a part-payment of sh. 450/= as claimed
  2. 2 Whether the respondent is entitled to the full amount claimed

Ratio Decidendi

The appellant failed to prove the alleged part-payment, and the courts below were justified in believing the respondent and his witnesses based on credibility.

Court Disposition

appeal dismissed

Orders

  • costs awarded to respondent