IN THE HIGH COURT
OF THE UNITED REPUBLIC OF TANZANIA
(DAR ES SALAAM
DISTRICT REGISTRY)
AT DAR ES SALAAM
CIVIL APPEAL NO …… OF 2019
(Originating from the judgment of the District Court at Kinondoni Civil Case No. 170 of 2018 before Hon. F.L Moshi-SRM)
BETWEEN
HEKIMA HASSAN ………………………………..……………………. APPELLANT
VERSUS
ALASTA PAULO MLAY …………………………..……………….. RESPONDENT
MEMORANDUM OF
APPEAL
The appellant above named being aggrieved by the judgement of the District magistrate’s Court at Kinondoni dated 28/10/2019 by Hon. F.L Moshi - SRM, appeals against the entire judgment and decree on the following grounds: -
1. The trial court entertained and determined the dispute without the requisite pecuniary jurisdiction.
2.
That
the Honorable Chairman of the Tribunal grossly erred in law and fact by
disregarding in total defense evidence.
3. That in the interest of justice, the Hon. Magistrate could have visited the house in order to see the alleged leaked roof which was resulted after the alleged appellants negligent act of roofing and or sheets used.
WHEREFORE: The Appellant prays for the following orders: -
(i) An order to nullify the proceedings and set aside the judgment and decree of the District Court dated 28/10/2019.
(ii) Costs of this appeal
(iii) Any other relief(s) as this Hon. Court may deem just and fit to grant.
DATED at Dar es Salaam this…………………………day of……………2011
....................
APPELLANT
Presented for filing this……………………………….day of………………2011
.........................
REGISTRY OFFICE
COPY TO BE SERVE
D UPON:
ALASTA PAULO MLAY - RESPONDENT
KIMARA-TEMBONI,
DAR ES SALAAM
0715...................
DRWAWN BY:
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