19710910 TZHC Mwanza

19710910 TZHC Mwanza

The proper measure of compensation for crop damage is the market value of the crop at the time of damage, as assessed by a qualified officer who inspected the site, rather than the cost of seedlings and initial planting. The district magistrate's assessment was inadequate for failing to consider all relevant factors.

Citation
19710910 TZHC Mwanza
Parties
Appellant: Stephen Moye; Respondent: Nataiioulee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 September 1971
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed in part
Legal Topics
Compensation for Crop Damage, Assessment of Damages
Source Language
English
Tort Agriculture Compensation for Crop Damage Assessment of Damages

Case Brief

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Parties

Stephen Moye

Appellant

Nataiioulee

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the compensation awarded for damage to coffee trees was adequate and properly assessed
  2. 2 Whether the district magistrate erred in reducing the compensation awarded by the primary court

Ratio Decidendi

The proper measure of compensation for crop damage is the market value of the crop at the time of damage, as assessed by a qualified officer who inspected the site, rather than the cost of seedlings and initial planting. The district magistrate's assessment was inadequate for failing to consider all relevant factors.

Court Disposition

appeal allowed in part

Orders

  • Appellant to recover compensation of 1230/- from respondent.
  • Each party to bear own costs of appeal.