mashauri msabila vs felista bunzari 2023 tzhc 22893 18 august 2023

mashauri msabila vs felista bunzari 2023 tzhc 22893 18 august 2023

The appeal lacked merit as the lower courts properly evaluated the evidence, gave both parties the right to be heard, and made concurrent findings of fact that the appellant was entrusted with 11 bags of rice paddy and owed TZS 630,000 to the respondent. No misdirection or miscarriage of justice was established to...

Source-derived case information.

Citation
mashauri msabila vs felista bunzari 2023 tzhc 22893 18 august 2023
Parties
Appellant: Mashauri Msalaba; Respondent: Felista Bunzari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2023
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Appeals, Evidence Evaluation, Right to Be Heard, Contract of Bailment, Concurrent Findings
Source Language
english
Civil Law Appeals Evidence Evaluation Right to Be Heard Contract of Bailment Concurrent Findings

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Summary, issues, holding and outcome

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Parties

Mashauri Msalaba

Appellant

Felista Bunzari

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the lower courts erred in evaluating the evidence regarding the number of rice paddy bags entrusted to the appellant
  2. 2 Whether the appellant was denied the right to be heard in the District Court
  3. 3 Whether the lower courts properly assessed the amount owed by the appellant to the respondent

Ratio Decidendi

The appeal lacked merit as the lower courts properly evaluated the evidence, gave both parties the right to be heard, and made concurrent findings of fact that the appellant was entrusted with 11 bags of rice paddy and owed TZS 630,000 to the respondent. No misdirection or miscarriage of justice was established to warrant interference by the second appellate court.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay respondent TZS 630,000 in two installments on 15/9/2023 and 30/10/2023
  • No order as to costs