20170814 TZCA Arusha

20170814 TZCA Arusha

The Court found no material documentary evidence that contradicted the oral testimony, as the sale agreements involved un-surveyed land described orally. The concurrent findings of the lower courts, based on both oral evidence and a site visit, established that the appellant had blocked part of the road. There was no basis to disturb these findings.

Citation
20170814 TZCA Arusha
Parties
Appellant: Khalid Bakari; Respondent: Samwel Greyson Mpinga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 August 2017
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
Appeal dismissed
Legal Topics
Right of Way, Easements, Concurrent Findings, Admissibility of Evidence
Source Language
English
Land Law Civil Procedure Right of Way Easements Concurrent Findings Admissibility of Evidence

Case Brief

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Parties

Khalid Bakari

Appellant

Samwel Greyson Mpinga

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant blocked the respondent's right of way
  2. 2 Whether oral evidence can contradict documentary evidence in this context
  3. 3 Whether the lower courts erred in their findings of fact

Ratio Decidendi

The Court found no material documentary evidence that contradicted the oral testimony, as the sale agreements involved un-surveyed land described orally. The concurrent findings of the lower courts, based on both oral evidence and a site visit, established that the appellant had blocked part of the road. There was no basis to disturb these findings.

Court Disposition

Appeal dismissed

Orders

  • The decision of the High Court is upheld
  • The appellant is required to demolish the wall blocking the road