na TZHC Mwanza 10

na TZHC Mwanza 10

The parties had an agreement that after the respondent received a heifer, the cow should be returned to the appellant. The respondent's refusal to return the cow and bull after receiving the heifer was not justified.

Citation
na TZHC Mwanza 10
Parties
Appellant: Papel Ulmulindle; Respondent: Ily. Kinybo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1970
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Ownership of Cattle, Division of Livestock, Appeal Procedure
Source Language
English
Civil Law Property Law Ownership of Cattle Division of Livestock Appeal Procedure

Case Brief

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Parties

Papel Ulmulindle

Appellant

Ily. Kinybo

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to the return of the cow and bull after the respondent received a heifer as agreed
  2. 2 Whether the respondent was justified in retaining the cow and bull

Ratio Decidendi

The parties had an agreement that after the respondent received a heifer, the cow should be returned to the appellant. The respondent's refusal to return the cow and bull after receiving the heifer was not justified.

Court Disposition

appeal allowed

Orders

  • The respondent is ordered to return the cow and bull to the appellant.