19880712 TZHC Mwanza2

19880712 TZHC Mwanza2

The trial court erred by relying on unsupported speculation and conjecture regarding the existence of a contract of carriage between the parties; there was no evidence establishing such a contract, and thus the respondent was not entitled to general damages from the appellants.

Citation
19880712 TZHC Mwanza2
Parties
Appellant: Matemu Loison; Appellant: John Foya; Respondent: Mrs. Bajilo Sospeter
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 July 1988
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Contract of Carriage, Damages, Evidence Evaluation
Source Language
English
Contract Tort Contract of Carriage Damages Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

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Parties

Matemu Loison

Appellant

John Foya

Appellant

Mrs. Bajilo Sospeter

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether a contract of carriage existed between the appellants and the respondent
  2. 2 Whether the respondent was entitled to general damages

Ratio Decidendi

The trial court erred by relying on unsupported speculation and conjecture regarding the existence of a contract of carriage between the parties; there was no evidence establishing such a contract, and thus the respondent was not entitled to general damages from the appellants.

Court Disposition

appeal allowed

Orders

  • judgment of lower court set aside
  • no order as to costs