mahushi revocatus vs kongo bulima 2008 tzhc 38 31 october 2008

mahushi revocatus vs kongo bulima 2008 tzhc 38 31 october 2008

The evidence established that the respondent's cattle, herded by his sons, destroyed the appellant's crops. The trial court's decision awarding compensation was correct and should not have been set aside by the district court. The district court failed to properly evaluate the evidence, and the trial court's...

Source-derived case information.

Citation
mahushi revocatus vs kongo bulima 2008 tzhc 38 31 october 2008
Parties
Appellant: Mahushi Revocatus; Respondent: Kongo Bulima
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2008
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Compensation for Property Damage, Liability for Animal Trespass
Source Language
english
Civil Law Tort Law Compensation for Property Damage Liability for Animal Trespass

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mahushi Revocatus

Appellant

Kongo Bulima

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent's cattle destroyed the appellant's crops
  2. 2 Whether the appellant is entitled to compensation for the destroyed crops

Ratio Decidendi

The evidence established that the respondent's cattle, herded by his sons, destroyed the appellant's crops. The trial court's decision awarding compensation was correct and should not have been set aside by the district court. The district court failed to properly evaluate the evidence, and the trial court's judgment is restored.

Court Disposition

appeal allowed

Orders

  • District court's decision set aside
  • Trial primary court's decision restored