19700520 TZHC Mwanza3
The appellant admitted responsibility for the damage and promised to compensate; the factual findings of the lower courts are supported by evidence and there is no reason to interfere.
Source-derived case information.
- Citation
- 19700520 TZHC Mwanza3
- Parties
- Appellant: Wincheslaus D. Jage; Respondent: Bi-Yuliana Nsheibo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 May 1970
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Damage to Crops, Liability for Stray Animals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wincheslaus D. Jage
Appellant
Bi-Yuliana Nsheibo
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant is liable for damages caused by his cattle to respondent's crops
- 2 Whether the lower courts' factual findings should be disturbed
Ratio Decidendi
The appellant admitted responsibility for the damage and promised to compensate; the factual findings of the lower courts are supported by evidence and there is no reason to interfere.
Court Disposition
appeal dismissed
Orders
- no order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Ii' TnE HIGh C OUtiT O.° TANZANIA OltME AT MWANZA APPELLATE JURISDICTION (pc) CIVIL APPEAL NO, 52 OF 1970 (From the decisil on of the District Court of Bukoba District at Bukoba. In Civi Appeal No. 18 of 1970 before J.L. Mboneko, Esq, Kalabagaine P,C Civil Case No. 106 of 1969), iences1aus D. j age ............ Appellant Versus Bi—Yuliana Nshei bo Respondent, JUDGMENT, MNZAVAS L Ag. J. Winches lus was the defendant in the primary court where he lost. He appeaJiled to the distriot court without success. He now appeals to this court. Evidence was given in the Primary Court to the effect that appellants cattle strayed and entered respondents shainba where thy damaged cassava and banana trees. Village elders gave evidence in ihe primary court and according to their testimony they visited the shamba accompanied with the appellant and respondent. The elders testified that the appellant admitted that he was to blame for the damage and apologized. The elders heard the dispute and ordered the appellant to plant other cassava and banana trees in place of those damaged. The appellant primissed, in the presence of the elders, to comply with the bider's ruling but he afterwards decided not to honour his promise. The present respondent had, therefore, no alternative but to file a 5kt against him olaiming she. 957/- the value of her damaged crops. - The primary court magistrate assisted by two assessors visited the shamba and fund that the value of the damaged cassaiza and banana trees was she, and not shs, 957/ as olaimed by the respondent. Judgement was giien in favour of the respondent for she. 5501=. This judgment was ttphld by the district court. This case was decided purely on matters of fact. The allegation by the appellant that the primary court Makistrate was interested in the case is not supported by the evidenoe.j Nor is there evidence to show that this allegation was raised at the hearing which was the time it should have been done. The memorandum oi appeal has raised no question other than those which the court had todecide. I see no reason to interfere with the unanimous decision of the primary court which is fully supported by the evidence. The District Court was fully justified in rejecting the appeal. I see no i nt in the appeak and it is hereby dismissed. No order as to oost (N. I _JUDG _E. I. 20/5/70. /