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Tanzania Judgment

TZHC

19940812 TZHC Dodoma

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court held that the findings of fact by the lower courts were reasonable and should not be disturbed. The appellant's argument regarding the proper party was rejected as it was not raised at trial.

Court disposition

appeal dismissed

Orders

  • Appeal is dismissed with costs.

02

Material facts

Parties

Rajabu Mohamed

Appellant

Iddi Issa

Respondent

Amounts and remedies

  • Compensation Awarded: TZS 17,000

03

Procedural history

  1. Posture

    Civil Appeal / Second Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that he was not the proper party to be sued and that another person, Mohamed Bamadhani, should have been sued instead.
Respondent
The respondent maintained that the appellant's stray dog bit his child and sought compensation for the injury and costs.

05

Court’s reasoning

  1. 01

    appellate practice

    Concurrent findings of fact by lower courts should not be disturbed on second appeal unless unreasonable.

  2. 02

    civil procedure

    A party cannot raise a new issue on appeal that was not raised at trial.

06

Ratio, limits and disposition

Ratio decidendi

The court held that the findings of fact by the lower courts were reasonable and should not be disturbed. The appellant's argument regarding the proper party was rejected as it was not raised at trial.

Court disposition

appeal dismissed

  • Appeal is dismissed with costs.

Source and reliance status

TZHC · 12 August 1994

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Judgment text

The complete available source text.

Source document

TZHC

Judgment· 12 August 1994

19940812 TZHC Dodoma

IN mm m:arr COURT OF TANZANIA

AT DODOMA {l?C} c~ APPJ"~L_po. i2 OF 1994 (.From the deeision of the District Court 0£ Kondoa at Kondoa. in Civil Appeal No. 8 of 1994 Original Civil Case No. 1 67 of 1992 If the Primary- Cou:t-t of _ Pa.hi Distriot at Kondoa) RAJA.W MOHAMED!: •••••••••••.•••••••••• APPELLANT Versus lDM ISSA!G\:..u.•.•-~Ja.~-~--• • •., ~ ••• •,• •· ••• ,RESPON.Q.El)l''l.', l.JI.JL G M E N T MSOFFE1 J. 1lhe respc,1tdent sued the appellant before rab.i .Primary Court, Kondoa in a clai~1 of Shs.21 1 700/= demanded as compensation resulting from injury inflicted on his child after being bitten by the a.ppella.nt's stray dog plus costs ~r the suit. It appears from the trial Court record however t'1a t he won only in a sum of Shs. 17t 000/= plus costs ' . ~fthe suit. The appellant unaucces3fully appealed to the Distriot Court at Kondoa and henee this second appeal to this oourt. Both the two Courts below were s~tisfied that the appellant 1 a stray dog bit the respondent 1.s child as aforesaid and that the decreed sum of compensation and costs was adequate in the oircumetances. It is evident that those findings a:te matters of fact; and this Court . , finds nothing un:.?easonable in the same, ln the absence of any unreaso- nableness on the Satne, this, a Court of second appeal, willinot disturb those fbiings. I:f I understood the appellant c~otly from his memorandum of appeal and in his oral

submission to this ,Y ~ou.rt, he appea~J to be sayLDg that the prop~r person to have been sued by the res·· : ndent· was not him but one Mnhamed Bamadhani. With respect to the ~ 1pellant, this point cannot :·'" canvassed now, when he nevar raisec :.t either before the trial ··rimary Court. It is too late in the c1a::· · ;o raise it. Indeed it may ,s well be an after . thoug.'itt·. • ... /2 2 ~~ . I aii ·sa.t1sf1ed. that the oonou:rr~nt findings of the two lower €ourta a.re ~.Qund. '.llie a.weal fails and is dismissed W:itb oosts. J .rr. MSOFFE JUDGE. Delivered. Appellant - P:t'E 2_.ltc Respondent - ~ ,;:;ent. JUDG'l!:. 12/8/94

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