19710324 TZHC Mwanza
The appellate magistrate erred in reversing the Primary Court's decision because there was clear and adequate evidence that the respondent's cattle caused the damage claimed by the appellant.
Source-derived case information.
- Citation
- 19710324 TZHC Mwanza
- Parties
- Appellant: Paulo Itula; Respondent: Muita Mihende
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 March 1971
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Damages for Property Destruction, Trespass by Cattle, Appellate Review
- Source Language
- english
Tort Law Civil Procedure Damages for Property Destruction Trespass by Cattle Appellate Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paulo Itula
Appellant
Muita Mihende
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the respondent's cattle caused damage to the appellant's wire fence and poles
- 2 Whether the appellate magistrate erred in reversing the Primary Court's decision
Ratio Decidendi
The appellate magistrate erred in reversing the Primary Court's decision because there was clear and adequate evidence that the respondent's cattle caused the damage claimed by the appellant.
Court Disposition
appeal allowed
Orders
- Primary Court judgment restored in full
- Costs fixed at shs.60/= awarded to appellant
Full Case Text
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