19701105 TZHC Mwanza2

19701105 TZHC Mwanza2

The evidence established that the cattle did not belong to the judgment-debtors and could not be attached; the trial court's assessment of damages was appropriate and the appellate court's reduction was unjustified.

Citation
19701105 TZHC Mwanza2
Parties
Appellant: Ngungu Songo; Respondent: Mprlgo Nges; Appellant: Laurence Nio; Respondent: Societei Nwlngisa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 November 1970
Procedural Posture
Civil Appeal / Appellate
Outcome
appeals allowed
Legal Topics
Execution of Decrees, Attachment of Property, Damages for Loss of Service, Assessment of Damages
Source Language
English
Civil Procedure Family Law Execution of Decrees Attachment of Property Damages for Loss of Service Assessment of Damages

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Parties

Ngungu Songo

Appellant

Mprlgo Nges

Respondent

Laurence Nio

Appellant

Societei Nwlngisa

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

  1. 1 Whether the attached cattle belonged to the judgment-debtors and could be lawfully attached for debt satisfaction
  2. 2 Whether the reduction of damages for loss of service by the appellate court was justified

Ratio Decidendi

The evidence established that the cattle did not belong to the judgment-debtors and could not be attached; the trial court's assessment of damages was appropriate and the appellate court's reduction was unjustified.

Court Disposition

appeals allowed

Orders

  • 13 heads of cattle to be returned to the appellant
  • costs of shs.50/- awarded to the appellant