19700430 TZHC Mwanza2

19700430 TZHC Mwanza2

The trial procedure was unsatisfactory as the appellant's evidence was waived and witness testimony was inconsistent; fairness requires a new trial.

Source-derived case information.

Citation
19700430 TZHC Mwanza2
Parties
Appellant: Zedi Kashasha; Respondent: Iddi Kijie
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 1970
Procedural Posture
Civil Appeal / Judgment
Outcome
trial de novo ordered
Legal Topics
Boundary Dispute, Evidence, Trial Procedure
Source Language
english
Civil Procedure Boundary Dispute Evidence Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zedi Kashasha

Appellant

Iddi Kijie

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 whether the trial procedure in the primary court was proper
  2. 2 whether the evidence was adequately considered
  3. 3 whether the boundaries were correctly determined

Ratio Decidendi

The trial procedure was unsatisfactory as the appellant's evidence was waived and witness testimony was inconsistent; fairness requires a new trial.

Court Disposition

trial de novo ordered

Orders

  • New trial before a different magistrate if possible.
  • No additional fees or costs for either party.