19871201 TZHC Dar es Salaam

19871201 TZHC Dar es Salaam

The District Magistrate was justified in relying on the court broker's market valuation over the official construction cost valuation, was entitled to call additional witnesses, and any procedural errors did not result in a failure of justice. The appeal had no merit and was dismissed.

Citation
19871201 TZHC Dar es Salaam
Parties
Appellant: Regina Robert; Respondent: Ramadhani Rashid Muya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Valuation of Property, Administration of Estates, Appeals Procedure
Source Language
English
Civil Law Property Law Succession Valuation of Property Administration of Estates Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina Robert

Appellant

Ramadhani Rashid Muya

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the District Magistrate erred in disregarding the official valuation report and relying on market value
  2. 2 Whether the Magistrate was entitled to call additional witnesses
  3. 3 Whether the Magistrate's visit to the disputed house occasioned a failure of justice

Ratio Decidendi

The District Magistrate was justified in relying on the court broker's market valuation over the official construction cost valuation, was entitled to call additional witnesses, and any procedural errors did not result in a failure of justice. The appeal had no merit and was dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs