20151204 TZHC Mwanza

20151204 TZHC Mwanza

The appellant proved on a balance of probabilities that the respondent's cattle caused the damage and that the valuation of the crops was properly established; thus, the trial court's decision should be restored.

Citation
20151204 TZHC Mwanza
Parties
Appellant: Samwel Magesa; Respondent: Okeyo Masawa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2015
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Compensation for Property Damage, Proof of Ownership, Standard of Proof in Civil Cases
Source Language
English
Civil Law Tort Law Compensation for Property Damage Proof of Ownership Standard of Proof in Civil Cases

Case Brief

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Parties

Samwel Magesa

Appellant

Okeyo Masawa

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant proved on a balance of probabilities that the respondent's cattle damaged his crops
  2. 2 Whether the identification of the cattle was sufficient
  3. 3 Whether the valuation of the damaged crops was properly accepted

Ratio Decidendi

The appellant proved on a balance of probabilities that the respondent's cattle caused the damage and that the valuation of the crops was properly established; thus, the trial court's decision should be restored.

Court Disposition

appeal allowed

Orders

  • Judgment and Decree of the Tarime District Court in Civil Appeal No. 50 of 2013 quashed and set aside.
  • Decision of the Shirati Primary Court in Civil Case No.103 of 2013 awarding Tshs.1,931,000/= to the appellant as compensation restored.