abel dotto vs modesta j magonji 2018 tzca 577 12 october 2018

abel dotto vs modesta j magonji 2018 tzca 577 12 october 2018

The respondent was the original owner of the disputed land prior to its survey and subdivision; the allocation of part of the land to a third party without compensation was unlawful and ineffective; the appellant did not acquire valid title and the claim was not time-barred.

Citation
abel dotto vs modesta j magonji 2018 tzca 577 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 From High Court to Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Ownership of Land, Right of Occupancy, Customary Title, Adverse Possession, Limitation Period, Compensation for Land, Survey and Subdivision of Land
Source Language
English
Land Law Civil Procedure Ownership of Land Right of Occupancy Customary Title Adverse Possession Limitation Period Compensation for Land +1 more

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Parties

Abel Dotto

Appellant

Modesta J. Magonji

Respondent

Procedural Posture

Civil Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

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

Ratio Decidendi

The respondent was the original owner of the disputed land prior to its survey and subdivision; the allocation of part of the land to a third party without compensation was unlawful and ineffective; the appellant did not acquire valid title and the claim was not time-barred.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondent confirmed as lawful owner of Plots No. 41 and 42, Block 'B', Ilemela, Mwanza.
  • Relevant authorities directed to issue certificate of title to the respondent.