johansen revelian and another v abela karejelo 2023 tzhc 23341 13 december 2023

johansen revelian and another v abela karejelo 2023 tzhc 23341 13 december 2023

The respondent failed to prove her case to the required standard as her evidence was contrary to her own pleadings, and the trial tribunal erred by shifting the burden of proof to the appellants. The 2nd appellant was properly joined as a necessary party.

Citation
johansen revelian and another v abela karejelo 2023 tzhc 23341 13 december 2023
Parties
1st Appellant: Johansen Revelian; 2nd Appellant: Donatia James; Respondent: Abela Kajerelo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2023
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; judgment and decree of the trial tribunal quashed and set aside; each party to bear its own costs.
Legal Topics
Pleadings, Burden of Proof, Sale of Land, Joinder of Parties
Source Language
English
Land Law Civil Procedure Pleadings Burden of Proof Sale of Land Joinder of Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Johansen Revelian

1st Appellant

Donatia James

2nd Appellant

Abela Kajerelo

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial tribunal erred in law and fact by failing to consider that the respondent was given new land as compensation
  2. 2 Whether the trial tribunal erred by not considering the oral contract between the 1st appellant and the respondent
  3. 3 Whether the respondent had legal mandate to sue the 2nd appellant

Ratio Decidendi

The respondent failed to prove her case to the required standard as her evidence was contrary to her own pleadings, and the trial tribunal erred by shifting the burden of proof to the appellants. The 2nd appellant was properly joined as a necessary party.

Court Disposition

Appeal allowed in part; judgment and decree of the trial tribunal quashed and set aside; each party to bear its own costs.

Orders

  • Judgment and decree of the trial tribunal quashed and set aside
  • Each party to bear its own costs