20190226 TZHC Dar es Salaam

20190226 TZHC Dar es Salaam

Specific damages for house repairs and health problems were not proved and are set aside; general damages and punitive damages are upheld due to proven nuisance and lack of permits.

Citation
20190226 TZHC Dar es Salaam
Parties
Appellant: Zantel (T) Ltd; Respondent: Ms. Elisalia Massawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs, variation of damages
Legal Topics
Damages, Nuisance, Environmental Permits, Punitive Damages
Source Language
English
Tort Environmental Law Damages Nuisance Environmental Permits Punitive Damages

Case Brief

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Parties

Zantel (T) Ltd

Appellant

Ms. Elisalia Massawe

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether damages for house repairs, health problems, and punitive damages were properly awarded
  2. 2 Whether the communication tower caused the alleged harm
  3. 3 Whether the tower was erected without proper permits and environmental assessment

Ratio Decidendi

Specific damages for house repairs and health problems were not proved and are set aside; general damages and punitive damages are upheld due to proven nuisance and lack of permits.

Court Disposition

appeal dismissed with costs, variation of damages

Orders

  • Award of Tshs 30,000,000/= for house repairs set aside
  • Award of Tshs 15,000,000/= for health problems set aside