19861005 TZHC Tabora

The appellant failed to prove on a balance of probabilities that the attached cattle belonged to Butamani Shigilu; evidence showed the cattle belonged to the respondent, Kuzenza Shigilu.

Citation: 19861005 TZHC Tabora
Parties: Appellant: Yombo Mbusi; Respondent: Kuzenza Shigilu; Respondent: Jupirani Shigilu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 October 1986
Procedural Posture: Civil Appeal / Judgment on Appeal From District Court
Outcome: appeal dismissed
Legal Topics: Attachment Before Judgment, Objection Proceedings, Damages for Adultery
Source Language: English

Civil Procedure Family Law Attachment Before Judgment Objection Proceedings Damages for Adultery

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Parties

Yombo Mbusi

Appellant

Kuzenza Shigilu

Respondent

Jupirani Shigilu

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court

Legal Issues

1 Whether the cattle attached belonged to Butamani Shigilu and could be lawfully attached in execution of a decree for damages for adultery.

Ratio Decidendi

The appellant failed to prove on a balance of probabilities that the attached cattle belonged to Butamani Shigilu; evidence showed the cattle belonged to the respondent, Kuzenza Shigilu.

Court Disposition

appeal dismissed

Orders

Appellant to correctly identify property of Butamani Shigilu for attachment if possible.
Appellant to pay costs.