19810403 TZHC Mbeya

The court found, based on medical evidence and the balance of probabilities, that the respondent's blindness was caused by the appellant's assault, and upheld the award of damages.

Citation: 19810403 TZHC Mbeya
Parties: Appellant: Robert Mwanjejele; Respondent: Jonah Mwambasi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 3 April 1981
Procedural Posture: Miscellaneous Civil Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Assault, Damages, Standard of Proof
Source Language: English

Tort Law Personal Injury Assault Damages Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Mwanjejele

Appellant

Jonah Mwambasi

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellant caused the respondent's eye injury resulting in blindness
2 Whether the respondent is entitled to damages for the injury

Ratio Decidendi

The court found, based on medical evidence and the balance of probabilities, that the respondent's blindness was caused by the appellant's assault, and upheld the award of damages.

Court Disposition

appeal dismissed

Orders

appeal dismissed with costs