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Tanzania Judgment

TZHC

19960920 TZHC Dodoma

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Professional case brief

Research organized from the available case record

Source document

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

Appellant

Jojulu Tiassani Mohamed

Respondent

Amounts and remedies

  • Compensation Awarded by Primary Court: shs 2,000
  • Compensation Claimed by Appellant: shs 4,000

03

Procedural history

  1. Posture

    Civil Appeal / Judgment on Appeal

04

Questions and positions

Legal issues

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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 20 September 1996

19960920 TZHC Dodoma

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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