19960920 TZHC Dodoma
- Citation
- 19960920 TZHC Dodoma
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 20 September 1996
- Posture
- Civil Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 20 September 1996
- Posture
- Civil Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Primary Court's award of shs 2,000/= was fair and reasonable compensation for the destruction of crops, and the District Court erred in reducing it to zero; the appeal is allowed and the Primary Court's decision is restored.
Court disposition
appeal allowed
Orders
- Decision of the Primary Court restored
- Decision of the District Court quashed
- Appellant awarded costs
02
Material facts
Parties
Mwanaisha d/o Manahani
AppellantJojulu Tiassani Mohamed
RespondentAmounts and remedies
- Compensation Awarded by Primary Court: shs 2,000
- Compensation Claimed by Appellant: shs 4,000
03
Procedural history
Posture
Civil Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant was entitled to higher compensation for destruction of crops by respondent's cattle
- 02
Whether the District Court erred in overturning the Primary Court's award
Party arguments
- Applicant
- Appellant argued that the compensation awarded by the Primary Court (shs 2,000/=) was insufficient and that shs 4,000/= was fair for the destruction of crops by respondent's cattle.
- Respondent
- Respondent argued that his cattle did not eat the appellant's crops but only passed through accidentally while ploughing, and that the compensation was excessive.
05
Court’s reasoning
Legal principles
- 01
court's reasoning
Compensation should be commensurate with the actual destruction caused and need not always require expert evaluation for minor cases.
06
Ratio, limits and disposition
Ratio decidendi
The Primary Court's award of shs 2,000/= was fair and reasonable compensation for the destruction of crops, and the District Court erred in reducing it to zero; the appeal is allowed and the Primary Court's decision is restored.
Obiter and limits
- Not every case of crop destruction requires expert evaluation to assess damages.
Court disposition
appeal allowed
- Decision of the Primary Court restored
- Decision of the District Court quashed
- Appellant awarded costs
Source and reliance status
TZHC · 20 September 1996
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 20 September 1996
AT 7')'.)l)JMA ~ CIVU. APPEAL N0.~9l. OF 1995 (~m the ieoision• of the 1):istri~ . ~ - 4£ I'-tt·-l.~ at. Kon-tc.,, .iu. l;µ,1!. Appeal NO~ 100 of 1994£ Orieinal Civil. fuse NO. 46 of 1994 · Jangal.o P..c,J MW.ANAIS:"U¼. i.UU\lf.;).1EANI , • t • • • •••• •itI"::>PELLii.NT
WJBUS J .U 1) GM E N T ' ·• M -- ...J1W4¥1,ANYA,. ~ lhis is an appeal, (fror.i KM1oa l).i.5~ C ~ ~h~e ~ app~~ Mwanaisha ri/Q; ~-~,J,ost tc. :J9.J.Uu TiassGni Moham~ ':cha 4'2S~ stirc::ted. at JangalQ }?rimary Oo-u.rt on case of the 1.estru.ct.i.Qn o! crops by ,v-::ri.t]_:r., 1.\ ~ase· which was file,i by Mwanaisha d/a 11ana1hani where she p ~ lo.sta She ha-i claime~ shs '4JOOO/• but was awar-'1~1 shs 2,000/s only, At the District eaijtj she lost completely·~,. hence this appeal~ She intisted that shs 41 000/• was fair but the trial eourt awar1ea her shs 2,000/~ onlJ 1 So she appeale1 to the ~Iigl1 Court. The ,1parties in this Qa.se are neighbourfJ Mi have a1.jaoent shambas. 'Ihe bone,Qf·•ontention was 'that the cattle of responient ~never ate the crops of the appellant. but only passe1 there aceii~ntly when he was ple1wghing his sharaba 1 :ie lmow that oxen/bulls 1estroy crops when 1 =' they trea~ 01 plants k.n1 also 1est:roy the sisal on the hc1ge 1 Th~t is when twiat,nG·at the 1orner 1 'lbe parties were areuinG ol\ a 1ifferent plk.e, We lmow th~t ~ttle .:iestroy orops1 espGGi2,lly you.vi~·:: _:?hn.t~ when hoote t:read on thei~ I think !he compensation of shs 2,00'J,/.. -!:!,:::-.:: '.:as awarie-1 by the PrirJc:xy Court was faire T'a.e nistrict Court st:~tei t:1.-:-..t the co;:ipensation of shs 2 1 000/= was too high when even tho ~},;21111.1 ai1.1Dba waa not called
to eval-u.·?.te the extent of the destruction of crops. I iont agree, not ev0~ such a "ase a Tiwana Sha.':lba has tci '.)e · e-...:.1:..~u. '1.1hc appen.l is allowed., 2 ·lJ.b~ ·'laeision o;£ tllsa Prio·1J'.'Y Court is restore1.. The 1.ectsion of the Uistrict Court is q:u.p..,shed. The appeal is allowed with costs. Orde:t: a.ocociingly. I J .L • 11\·!JiLUS.ANYA J"'i.Jl)}E 20/9/1996 J .1. !IJ}JALUSi'.NYA JU'l)GE 20/9/1996 I oerti~t.h~t. this. i.s e. true ,'3ll'1 correct copy of <bile Orip,i!lA). Ju1graent. · <..( i ,, ·:..~ s.n. tfu&h&wA nISTi.UCT :;®GISTilfu."1 /
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