20190226 TZHC Dar es Salaam

20190226 TZHC Dar es Salaam

The appellant failed to provide medical or other credible evidence linking the alleged injuries to radiation from the communication tower. The trial court was correct in dismissing the claim for lack of proof, and reference to the scholarly article in submissions was proper and did not prejudice the appellant.

Citation
20190226 TZHC Dar es Salaam
Parties
Appellant: Said Kisuda; 1st Respondent: Managing Director, HTT Infraco Ltd; 2nd Respondent: Milcom International Company Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Personal Injury, Radiation Injury, Erection of Communication Towers, Burden of Proof, Admissibility of Evidence
Source Language
English
Tort Law Environmental Law Personal Injury Radiation Injury Erection of Communication Towers Burden of Proof Admissibility of Evidence

Case Brief

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Parties

Said Kisuda

Appellant

Managing Director, HTT Infraco Ltd

1st Respondent

Milcom International Company Limited

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant proved that injuries suffered were caused by radiation from the communication tower
  2. 2 Whether the trial court erred in relying on an article not introduced in evidence
  3. 3 Whether the erection of the tower violated environmental regulations

Ratio Decidendi

The appellant failed to provide medical or other credible evidence linking the alleged injuries to radiation from the communication tower. The trial court was correct in dismissing the claim for lack of proof, and reference to the scholarly article in submissions was proper and did not prejudice the appellant.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.