sophia mnauye vs mtuwasa 2008 tzhc 69 18 january 2008
The appellant knowingly used water through a pipe not passing through the billing meter and refused to pay for it; the respondent's disconnection of water supply was lawful and not a breach of contract.
- Citation
- sophia mnauye vs mtuwasa 2008 tzhc 69 18 january 2008
- Parties
- Appellant: Sophia Mnauye; Respondent: MTUWASA
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 January 2008
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Breach of Contract, Injunction, Damages, Utility Disconnection, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Parties
Sophia Mnauye
Appellant
MTUWASA
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the respondent's disconnection of water supply was lawful or constituted breach of contract
- 2 Whether the appellant was liable for water consumed through a pipe not passing through the billing meter
- 3 Whether the respondent proved allegations of water theft to the required standard
Ratio Decidendi
The appellant knowingly used water through a pipe not passing through the billing meter and refused to pay for it; the respondent's disconnection of water supply was lawful and not a breach of contract.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed in toto.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment