wilson mwakasenga vs asukile fungo 2020 tzhc 4335 23 december 2020
The appellant failed to prove on a balance of probabilities that he was entitled to Tshs. 900,000 as additional value for the machine, and the burden of proof did not shift to the respondent. The order for the respondent to hand over the machine was erroneous as the machine was in court custody.
Source-derived case information.
- Citation
- wilson mwakasenga vs asukile fungo 2020 tzhc 4335 23 december 2020
- Parties
- Appellant: Wilson Mwakasenga; Respondent: Asukile Fungo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 December 2020
- Procedural Posture
- Civil Appeal / Second Appeal, Judgment
- Outcome
- appeal partly allowed
- Legal Topics
- Burden of Proof, Valuation of Property, Recovery of Money
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Mwakasenga
Appellant
Asukile Fungo
Respondent
Procedural Posture
Civil Appeal / Second Appeal, Judgment
Legal Issues
- 1 Whether the appellant proved entitlement to Tshs. 900,000 as additional value for the machine
- 2 Whether the appellate court erred in ordering the respondent to hand over the machine to the appellant
Ratio Decidendi
The appellant failed to prove on a balance of probabilities that he was entitled to Tshs. 900,000 as additional value for the machine, and the burden of proof did not shift to the respondent. The order for the respondent to hand over the machine was erroneous as the machine was in court custody.
Court Disposition
appeal partly allowed
Orders
- Appellant to claim the machine from the trial court, not from the respondent
- Each party to bear his own costs
Full Case Text
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