vicent myovela vs ayub luvingo another 2015 tzhc 2183 10 december 2015

vicent myovela vs ayub luvingo another 2015 tzhc 2183 10 december 2015

The appellant failed to prove his case on the balance of probabilities, did not call a material witness (Village Executive Officer), and the respondents' evidence outweighed that of the appellant. There was no compelling reason to interfere with the concurrent findings of the lower courts.

Citation
vicent myovela vs ayub luvingo another 2015 tzhc 2183 10 december 2015
Parties
Appellant: Vicent Myovela; Respondents: Ayub Luvingo & Another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2015
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Adverse Inference, Appeals, Witness Testimony
Source Language
English
Civil Procedure Evidence Burden of Proof Adverse Inference Appeals Witness Testimony

Case Brief

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Parties

Vicent Myovela

Appellant

Ayub Luvingo & Another

Respondents

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the appellant proved his case on the balance of probabilities
  2. 2 Whether the lower courts erred in not allowing the appellant's key witness to testify

Ratio Decidendi

The appellant failed to prove his case on the balance of probabilities, did not call a material witness (Village Executive Officer), and the respondents' evidence outweighed that of the appellant. There was no compelling reason to interfere with the concurrent findings of the lower courts.

Court Disposition

appeal dismissed

Orders

  • No order as to costs