19770416 TZHC Mwanza
The appeal was allowed because the appellant was denied a reasonable opportunity to call witnesses, prejudicing his case, and the respondent failed to prove her claim on a balance of probabilities.
Source-derived case information.
- Citation
- 19770416 TZHC Mwanza
- Parties
- Appellant: Ubiri Ilband; Respondent: M. H. Sylvia
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 April 1977
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Right to Fair Hearing, Burden of Proof, Maintenance Claims
- Source Language
- english
Civil Procedure Right to Fair Hearing Burden of Proof Maintenance Claims
Source-derived case record
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
Parties
Ubiri Ilband
Appellant
M. H. Sylvia
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was denied the opportunity to call witnesses
- 2 Whether the respondent proved her claim for maintenance on a balance of probabilities
Ratio Decidendi
The appeal was allowed because the appellant was denied a reasonable opportunity to call witnesses, prejudicing his case, and the respondent failed to prove her claim on a balance of probabilities.
Court Disposition
appeal allowed
Orders
- Judgments and orders of both lower courts set aside
- Respondent to bear costs of this appeal and proceedings below
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