Facts
The appellant appealed against the decision of the High Court of Zanzibar contending that it was wrong in believing the testimony of the first respondent without taking into account that she was an interested party in the suit, and that it failed to warn itself that her testimony could be biased in favour of the second respondent, her husband.
Held:
(i) Where a case is essentially one of fact, in the absence of any indication that the trial court failed to take some material point or circumstance into account, it is improper for the appellate court to say that the trial court has come to an erroneous conclusion.
(ii) Where the decision of a case is wholly based on the credibility of the witnesses then it is the trial court which is better placed to assess their credibility than an appellate court
which merely reads the transcript of the record.
Case Information
Appeal dismissed.
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