Marco Elia vs Christopher Kilimba

Marco Elia vs Christopher Kilimba

The evidence established that the appellant borrowed TZS 1,300,000 from the respondent after being ordered to refund money to a third party, and the first appellate court did not improperly receive new evidence. The lower courts correctly found the appellant indebted to the respondent.

Source-derived case information.

Citation
Marco Elia vs Christopher Kilimba
Parties
Appellant: Marco Elia; Respondent: Christopher Kilimba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Debt Recovery, Appellate Procedure, Evidence Assessment
Source Language
english
Civil Law Debt Recovery Appellate Procedure Evidence Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Marco Elia

Appellant

Christopher Kilimba

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the first appellate court erred by considering weak and contradictory evidence from the respondent
  2. 2 Whether the first appellate court improperly received new evidence at the appellate stage

Ratio Decidendi

The evidence established that the appellant borrowed TZS 1,300,000 from the respondent after being ordered to refund money to a third party, and the first appellate court did not improperly receive new evidence. The lower courts correctly found the appellant indebted to the respondent.

Court Disposition

appeal dismissed

Orders

  • Decisions of the lower courts upheld
  • Appellant to pay costs