19880909 TZHC Mbeya
The respondent failed to prove his claim and there was unwarrantable delay in bringing the proceedings, prejudicing just determination.
- Citation
- 19880909 TZHC Mbeya
- Parties
- Appellant: Zobi S. Amba; Respondent: Silivio D S
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 September 1988
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Limitation of Proceedings, Burden of Proof, Enforcement of Claims Under Customary Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Zobi S. Amba
Appellant
Silivio D S
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the respondent proved a claim for recovery of cattle allegedly entrusted to the appellant's father
- 2 Whether the suit was time-barred under Customary Law (Limitation of Proceedings) Rules, 1963
Ratio Decidendi
The respondent failed to prove his claim and there was unwarrantable delay in bringing the proceedings, prejudicing just determination.
Court Disposition
appeal allowed
Orders
- decisions of the two lower courts quashed
- costs awarded to appellant
Full Case Text
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