19780111 TZHC Mbeya

19780111 TZHC Mbeya

The appellant failed to establish, even on a balance of probabilities, that the contested animal was the one he paid as bridewealth or that it belonged to Kyalikingwe Mwamboneke; thus, the appeal was dismissed.

Citation
19780111 TZHC Mbeya
Parties
Respondent: Angetile Sio Mttolwa; Appellant: Thomas Mtaiinda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 January 1978
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Objection Proceedings, Ownership of Property, Bridewealth Refund, Execution of Decree
Source Language
English
Civil Law Property Law Objection Proceedings Ownership of Property Bridewealth Refund Execution of Decree

Case Brief

Summary, issues, holding and outcome

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Parties

Angetile Sio Mttolwa

Respondent

Thomas Mtaiinda

Appellant

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the contested animal belonged to Kyalikingwe Mwamboneke or to the respondent Angetile Sio Mttolwa

Ratio Decidendi

The appellant failed to establish, even on a balance of probabilities, that the contested animal was the one he paid as bridewealth or that it belonged to Kyalikingwe Mwamboneke; thus, the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs in this court and the two courts below.