IN THE DISTRICT COURT FOR KINONDONI

AT KINONDONI
CIVIL APPEAL NO. ______ OF 2021
(Appeal from Decision and Judgment of Magomeni Primary Court issued by Hon.
Manega V. in Civil Case No. 69/2021 Iddi Maulid Tosiri versus Victor Willium
Ng’wigulu)
VICTOR WILLIAM NG’WIGULU ………………………………………… APPELLANT
VERSUS
IDDI MAULID TOSIRI …..…………………………………………….…. RESPONDENT

PETITION OF APPEAL
(Pursuant to the Order of extension of time granted by Hon. Mlashani, delivered on 14th day of December 2021)

Having been aggrieved by the Judgment and Decree of the Magomeni Primary Court
issued by Hon. Manega V. dated 18 TH day of August 2021 arising from civil case No. 69
of 2021, the above-named Appellant wish to appeal to the District Court against the
whole of the said judgment and decree on the following grounds;
1. THAT, the trial Magistrate erred in law and fact failing to examine, assess and
scrutinize the evidence adduced by Appellant against respondent.
2. THAT, the trial Magistrate erred in law and fact by concluding that the
Appellant had received money from the Respondent whilst it is false for the
Appellant never received the said money for personal gain, but the Respondent
paid the said money to Fintegri Tanzania Co. Ltd for business investment
purpose.
3. THAT, the trial Magistrate failed to elaborate anywhere in the judgment reasons
for awarding the respondent against of Appellant.
4. THAT the trial learned Magistrate erred in law and in fact in entering judgment
against the Appellant without evaluating the evidence regarding documents
tendered in court.
5. THAT, the trial Magistrate did not consider the fact that Fintrage Company
which received that amount of money ought to be joined in the case.
6. That the trial magistrate erred in law and in fact to enter judgment without the
judgment containing assessors’ opinion on the matter.
7. THAT the trial Magistrate erred in law and in fact in entering judgment in favor
of Respondents and denied the Appellant the right to cross examine Respondent
thereby denying the appellant his natural justice to cross examine key witness.
WHEREFORE: the appellant herein prays for the following orders;

1
 A. That the Honorable Court be pleased to quash the judgment and decree of the
Magomeni Primary Court and therefore reverse the proceeding and determine
the suit.
B. Costs of this Appeal be awarded for the Appellant.
C. Any other relief(s) the Honorable Court may deem fit and proper to grant.

Dated at Dar Es Salaam this 21st day of December, 2021.

_________________________________
APPEALLANT
Presented for filing. This _______ day of _______________________ 2021.

________________________________
COURT REGISTRY

DRAWN AND FILED BY;

NIMROD MSEMWA. ESQ
BWB ATTORNEYS,
House No. 04, Plot 126 Ada Estate,
Tunisia Road – Adjacent to Leaders Club,
P.O Box 1858,
Dar Es Salaam, Tanzania.
Mob: +255 713 280 959
Email: benard.bensia@gmail.com

COPY TO BE SERVED UPON;

IDDI MAULID TOSIRI
P.O BOX
+255 715 123 906