abas samwel vs julietha samwel 2023 tzhc 16657 8 february 2023

abas samwel vs julietha samwel 2023 tzhc 16657 8 february 2023

Village Executive Officer's presence as secretary did not affect decision-making or occasion injustice; District Land and Housing Tribunal properly evaluated evidence and did not create evidence; respondent's evidence of leasehold was heavier than appellant's; appeal lacks merit.

Citation
abas samwel vs julietha samwel 2023 tzhc 16657 8 february 2023
Parties
Appellant: Abas Samwel; Respondent: Julietha Samwel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2023
Procedural Posture
Land Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Ward Tribunal Composition, Evidence Evaluation, Leasehold Rights, Appellate Review
Source Language
English
Land Law Civil Procedure Ward Tribunal Composition Evidence Evaluation Leasehold Rights Appellate Review

Case Brief

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Parties

Abas Samwel

Appellant

Julietha Samwel

Respondent

Procedural Posture

Land Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether participation of Village Executive Officer in Ward Tribunal decision vitiated proceedings
  2. 2 Whether District Land and Housing Tribunal properly evaluated evidence
  3. 3 Whether District Land and Housing Tribunal created evidence not on record

Ratio Decidendi

Village Executive Officer's presence as secretary did not affect decision-making or occasion injustice; District Land and Housing Tribunal properly evaluated evidence and did not create evidence; respondent's evidence of leasehold was heavier than appellant's; appeal lacks merit.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay costs of appeal