abel dotto vs modesta j magonji 2018 tzca 421 12 october 2018

abel dotto vs modesta j magonji 2018 tzca 421 12 october 2018

The respondent was the original owner of the disputed land by customary title, which was not lawfully extinguished as no compensation was paid when the land was subdivided and allocated to a third party. The appellant's claim of adverse possession failed as the statutory period was not met. The subdivision and...

Source-derived case information.

Citation
abel dotto vs modesta j magonji 2018 tzca 421 12 october 2018
Parties
Appellant: Abel Dotto; Respondent: Modesta J. Magonji
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2018
Procedural Posture
Civil Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Ownership of Land, Customary Title, Adverse Possession, Compensation for Unexhausted Improvements, Survey and Allocation of Land, Joinder of Parties
Source Language
english
Land Law Civil Procedure Ownership of Land Customary Title Adverse Possession Compensation for Unexhausted Improvements Survey and Allocation of Land Joinder of Parties

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Parties

Abel Dotto

Appellant

Modesta J. Magonji

Respondent

Procedural Posture

Civil Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the respondent was the lawful owner of the disputed land prior to its subdivision and allocation to a third party
  2. 2 Whether the subdivision and reallocation of the land by authorities was lawful
  3. 3 Whether the claim was barred by limitation

Ratio Decidendi

The respondent was the original owner of the disputed land by customary title, which was not lawfully extinguished as no compensation was paid when the land was subdivided and allocated to a third party. The appellant's claim of adverse possession failed as the statutory period was not met. The subdivision and reallocation by authorities was unlawful and ineffective against the respondent's title.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.