20181115 TZHC Mwanza
The respondent proved ownership and encroachment to the required standard; appellant's admission of planting sisal and blocking the pass way justified affirming lower tribunals' decisions.
Source-derived case information.
- Citation
- 20181115 TZHC Mwanza
- Parties
- Appellant: Adero Omari; Respondent: Maricus Ogonya
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 November 2018
- Procedural Posture
- Miscellaneous Land Case Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Ownership Dispute, Encroachment, Public Pass Way, Evidence Evaluation
- Source Language
- english
Land Law Ownership Dispute Encroachment Public Pass Way Evidence Evaluation
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Parties
Adero Omari
Appellant
Maricus Ogonya
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Second Appeal
Legal Issues
- 1 whether the respondent proved ownership of the disputed plot
- 2 whether the appellant unlawfully encroached and blocked the public pass way
- 3 whether the lower tribunals properly evaluated the evidence
Ratio Decidendi
The respondent proved ownership and encroachment to the required standard; appellant's admission of planting sisal and blocking the pass way justified affirming lower tribunals' decisions.
Court Disposition
appeal dismissed
Orders
- lower tribunals' decisions affirmed
- no order as to costs
Full Case Text
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