19860514 TZCA Dar es Salaam

The Court allowed the application for additional evidence, holding that the evidence regarding the registration and jurisdiction of Mbezi Village, and the necessity of Village Council approval for land disposition, is important and necessary for the determination of the appeal.

Citation: 19860514 TZCA Dar es Salaam
Parties: Applicant: C. M. Nyirabu; Respondent: M. P. Nyagaswa
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 May 1986
Procedural Posture: Civil Application / Application for Additional Evidence in Pending Appeal
Outcome: Application for additional evidence allowed
Legal Topics: Additional Evidence on Appeal, Jurisdiction of Village Land, Village Council Approval
Source Language: English

Civil Procedure Additional Evidence on Appeal Jurisdiction of Village Land Village Council Approval

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Parties

C. M. Nyirabu

Applicant

M. P. Nyagaswa

Respondent

Procedural Posture

Civil Application / Application for Additional Evidence in Pending Appeal

Legal Issues

1 Whether additional evidence should be admitted on appeal regarding the registration and jurisdiction of Mbezi Village over the disputed land
2 Whether Village Council approval was required for the land disposition

Ratio Decidendi

Court Disposition

Application for additional evidence allowed

Orders

Court will itself take the additional evidence from Fidelis Paulo Kilulumo, who is to testify on specified matters and be subject to cross-examination.
Applicant to summon witness after date is fixed by Registrar.