19950711 TZHC Dodoma
There was substantial evidence that the respondent incurred the claimed expenses, and the findings of the lower courts on credibility and quantum of damages were not manifestly unreasonable. The appeal court should not interfere with such findings.
Source-derived case information.
- Citation
- 19950711 TZHC Dodoma
- Parties
- Appellant: Ramadhani Galaio; Respondent: Lulu Kibasangu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 July 1995
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Damages, Costs, Appeal, Credibility of Evidence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhani Galaio
Appellant
Lulu Kibasangu
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the respondent incurred the claimed expenses as a result of the appellant's assault
- 2 Whether the findings of the lower courts on credibility and quantum of damages should be disturbed
Ratio Decidendi
There was substantial evidence that the respondent incurred the claimed expenses, and the findings of the lower courts on credibility and quantum of damages were not manifestly unreasonable. The appeal court should not interfere with such findings.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs here and below
Full Case Text
Judgment text and source record
1 paragraphs
IN·· 1•HE HIGH COURT oF TANZANIA AT DODOMA (PC) CIVIL C.UJBEAL NOo 85 OF 1994 (FROM THE DECISION,: OF THE DISTRICT 0 COURT OF KONDOA AT KONDOA IN CIVIL APPEAL NOo 50 OF 1994 -·BEFORE M~M .. MANG'AN.A. ESQc ,DISTRICT MAGISTRATE) RAMADHANI GALAIO e O 0 •••••• e APPELLANT versus LULU KIBASANGU ooooooooooe RESPONDENT JUDGMENT MSOFFE, J .. In the Primary Court at Goima the appellant was charged wi tli Assault oc:icas1_ohing actuaJ. bodily harm and was convicted and sentenced accordinglyr. Thereafter the respondent filed a civil suit in the same court in a claim of damages/costs resulting from bis prosecution of the criminal caseo The said damages/costs were in the form of medical expenses, expenses for nmgamboa etco His claim was for a total sum of Shso20,000/=o The Primary Court gave judgment in his favouro The appellant was disatisfied and so made a first appeal to the District Court at Kondoa where he lost and hence this second appeal., The appeal~ has no merit,, 'Th.ere was substantial evidence that the respondent did incur the said expenses. I see no reason to fault the concurrent findings of the two lower courts to that effect. In any case, the case was decided on credibility which ie a question of fact. As a matter of principle an appeal court shall. mw-df'estly unreasonable - Lalata Msan~awe v. Henry Mwaml~...1222. ~:1..2~:.. ..2'..~. :n the i1,.::i.;1:,nt case there is nothing unreasons.'.:ile in -1;1-)_.:; •:'':!r:i::ior.s of t}:1e two lower courts. 'Th.e appeal fails and is - If ,·'-If,·••.· •.. ·. " 2 disntl.ss~d with costs he:r~ e..nd below. . /;-<;/£ {J .. H. MSOFFE) JUDGE n/07/1995. Delivered. . Appellant:. Present •. Respondent,...- -Pi--esen.t • __ ~lX .(J.H. MSOFFE). •• ¼ JUDGE 11/07/1995