19951201 TZHC Dar es Salaam

IN T,iE i:i~ (..n ,X URI' OF T11.IViJI.I1iJJ\ . ---- 11.T DAR ES SAI.i-UIM (PC) CIVIL APPEAL NJ. 70/1990 MSHIHIRI MQHfiMET). oo oaa oo• ool\PPEWl.NT

VERSUS SJ.:J.JMA ABDALLAHeoooooaoooooRESPONDENr

JUDGMENT MWAIKASU,J: This is a second appeal arising from the decision of Mafi_a primary Court within Mafia· District concerning the recovery of a purchased cow that had not been deliveredo The record, however, appears to have been wrongly recorded as regards the appellant and respondent before this court. It is clear from the record of the lower courts that a dispute · had arisen between one MSHIHIRI OOHAMED and one SALIMii ABDAL!.AH ♦ over a cow a:p.eged by the said MSHI~IRI to have been purohased from the said SALD1A ABDALLAH. On 1/0/198o and witnessed b Y' the chairman of CCM Branch of Kilind.W, Mafia District, as from sale rd:ttcr,11"' into w:-·•i ting vide Exh,)la The trial court found for the plaintiff, one MSHIHIRI M0HA!vJEP AND on appeal to the District Court against the award of the trial court, while confirming the ~ecision of the primary court, the lower appellate court, varied the award by ordering the delivery of the specific cow which .Jha.dbeen identified soen after the sale, and known to exist, together with its calveso With that·this court is int_ tob.l agreennmtt, and I see no reason why this appeal was actually admitted to a hearing when the facts are very clear. New to put the record clear in this case it should be ~oted that the appellant is oneo SALJY.1A ABD.i-UJAH and the Respondent is Jne MSHIBIRI s/o M":'T-;/;1'1JJi.."'.'J ,, Ot};l.erwise I dis;,:tss th:J.;3 appeal with costst> as it lack~ any substance~ Datec!: 1/12/95~ R. MWAIKASU,J Order: Parties to b'::) ''."J~:'.fic.-.: of this judgment by' the D/R H/C. Dar es ,3aldm1 ;;'.,-.:;:..ce,J Ro MWAIKJ1.SU; J 1/12/95 I CERTIFY THilT IT IS A TRDE COPY OF THE ORIGINAIC"\ . /?. // \ itiffrcT\nEPur-;l REGISTRAR P DAR ES SA~e