20111216 TZHC Dar es Salaam

Requiring the appellant to prove his case beyond the balance of probability was a miscarriage of justice, as it imposed a higher standard than required in civil cases.

Citation: 20111216 TZHC Dar es Salaam
Parties: Appellant: Solomon Lufunda; 1st Respondent: Director, Premier Impex Tanzania Ltd; 2nd Respondent: Razia Sheikh
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 December 2011
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Standard of Proof, Miscarriage of Justice, Retrial
Source Language: English

Civil Procedure Employment Law Standard of Proof Miscarriage of Justice Retrial

Case Brief

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Parties

Solomon Lufunda

Appellant

Director, Premier Impex Tanzania Ltd

1st Respondent

Razia Sheikh

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the trial magistrate erred in requiring proof beyond the balance of probability in a civil case
2 Whether the trial magistrate failed to evaluate evidence properly
3 Whether costs should have been awarded

Ratio Decidendi

Requiring the appellant to prove his case beyond the balance of probability was a miscarriage of justice, as it imposed a higher standard than required in civil cases.

Court Disposition

appeal allowed

Orders

trial magistrate's decision quashed
case to be tried de novo by another magistrate with competent jurisdiction