Deogratius Mathayo vs Ernest Iromba ((PC) Civil Appeal No. 36 of 1979) [1980] TZHC 207 (8 November 1980)

IN THE HIGH COtJRT OF TN7tA j (Pc) CIVIL JFPEL, NO. 36- 6k 1979 (Froi the decision of the District Court of Karagw at Karagwe in Cii1 4ipéa1 Noi 10 àf 118 DEOGRTIJS AATHAtO j.SPFLLANT versus ERNT XRdIBA RESPONDENT J U DO 1 E.1L T UBW J 3. The respondent/plaintiff sued the appe11art for a liquidated sum of 6671/10. The 'ria1 court found for him only in rspect of a sum of Shs-4150/= which acconed out of a sale of ten bicycles at a price of 41 5/= each established to have been the property of the respondent. On appeal, this verdit was upheld by the first appellate court. The appellant/defendant tiow appeals to this court. On the evidence on record, it cannot be said that the concurrent findings of fact by the two lower courts aro not reasonable. They are fuliy supported by the evidence. Boaring in mind that this is a second appeal and that the findings of fact are supported by the evidence, I see no merit in thG appeal which is accordingly dismissed with coets. The judgment of the 1t.11ate court upholding that of the trial court is hereby ñ<,uphe 1d. •\ \ Sgd YAHYA R(JBIMI 8th Nov,embér),1' 980. JUDGE CERTIFIED TRUE COPY OF THE ORIGINAL DISTRICT REGISTRA 1WNZ4 -z.