20171020 TZHC Dar es Salaam

20171020 TZHC Dar es Salaam

The 2nd respondent was not a party to the sale agreement and there was no concrete evidence of misrepresentation. The appellant failed to discharge the burden of proof required to establish liability for misrepresentation or entitlement to damages or reimbursement. The trial Magistrate properly assessed the evidence and applied the law.

Citation
20171020 TZHC Dar es Salaam
Parties
Appellant: [Name Redacted]; 1st Respondent: [Name Redacted]; 2nd Respondent: [Name Redacted]
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Misrepresentation, Burden of Proof, Sale of Land, Damages, Evidence Assessment
Source Language
English
Contract Law Civil Procedure Misrepresentation Burden of Proof Sale of Land Damages Evidence Assessment

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Parties

[Name Redacted]

Appellant

[Name Redacted]

1st Respondent

[Name Redacted]

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the 2nd respondent was liable for misrepresentation in the sale of land to the appellant
  2. 2 Whether the trial Magistrate properly assessed the evidence and applied the law
  3. 3 Whether the appellant was entitled to damages or reimbursement

Ratio Decidendi

The 2nd respondent was not a party to the sale agreement and there was no concrete evidence of misrepresentation. The appellant failed to discharge the burden of proof required to establish liability for misrepresentation or entitlement to damages or reimbursement. The trial Magistrate properly assessed the evidence and applied the law.

Court Disposition

appeal dismissed

Orders

  • No order as to costs; each party to bear own costs