19751216 TZHC Arusha

19751216 TZHC Arusha

There was evidence supporting the findings of the two lower courts regarding the customary arrangement and entitlement; no point of law was raised by the appellant, so the appeal must fail.

Citation
19751216 TZHC Arusha
Parties
Appellant (original Defendant): Manditoo Yarro; Respondent (original Plaintiff): Amsi Mjihale
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 1975
Procedural Posture
Civil Appeal / Second Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Recovery of Property, Customary Arrangements, Appellate Review
Source Language
English
Civil Law Customary Law Recovery of Property Customary Arrangements Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Manditoo Yarro

Appellant (original Defendant)

Amsi Mjihale

Respondent (original Plaintiff)

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the findings of fact by the lower courts regarding the customary arrangement and entitlement to livestock were supported by evidence
  2. 2 Whether the second appellate court should interfere with concurrent findings of fact

Ratio Decidendi

There was evidence supporting the findings of the two lower courts regarding the customary arrangement and entitlement; no point of law was raised by the appellant, so the appeal must fail.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent