rashid ndee vs sophia juma 2020 tzhc 4458 20 november 2020
The appeal was dismissed because there was no contradictory evidence as alleged, the evaluation report was correctly expunged by the first appellate court, and the concurrent findings of fact by the lower courts were based on credible witness testimony that the appellant's cattle destroyed the respondent's crops.
- Citation
- rashid ndee vs sophia juma 2020 tzhc 4458 20 november 2020
- Parties
- Appellant: Rashidi Ndee; Respondent: Sophia Juma
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 November 2020
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Compensation for Property Damage, Assessment of Evidence, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rashidi Ndee
Appellant
Sophia Juma
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the lower courts erred in relying on contradictory evidence
- 2 Whether the trial court erred in relying on an evaluation report not properly admitted as evidence
- 3 Whether the appellant's cattle destroyed the respondent's crops
Ratio Decidendi
The appeal was dismissed because there was no contradictory evidence as alleged, the evaluation report was correctly expunged by the first appellate court, and the concurrent findings of fact by the lower courts were based on credible witness testimony that the appellant's cattle destroyed the respondent's crops.
Court Disposition
appeal dismissed
Orders
- appeal dismissed with costs
Full Case Text
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