agnetha maseko vs abeid hussein 2006 tzhc 131 18 july 2006

agnetha maseko vs abeid hussein 2006 tzhc 131 18 july 2006

The trial court's findings on credibility and its observations after visiting the locus in quo were entitled to great respect and should not have been overturned by the first appellate court, especially as there was no dispute about the existence of the Habitat project.

Citation
agnetha maseko vs abeid hussein 2006 tzhc 131 18 july 2006
Parties
Appellant: Agnetha Maseko; Respondent: Abeid Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 2006
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal allowed
Legal Topics
Trespass, Assessment of Evidence, Judicial Notice, Site Visit (locus in Quo)
Source Language
English
Civil Law Land Law Trespass Assessment of Evidence Judicial Notice Site Visit (locus in Quo)

Case Brief

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Parties

Agnetha Maseko

Appellant

Abeid Hussein

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the appellant trespassed on the respondent's land
  2. 2 Whether the first appellate court erred in reversing the trial court's findings
  3. 3 Whether judicial notice of the Habitat project was appropriate

Ratio Decidendi

The trial court's findings on credibility and its observations after visiting the locus in quo were entitled to great respect and should not have been overturned by the first appellate court, especially as there was no dispute about the existence of the Habitat project.

Court Disposition

appeal allowed

Orders

  • Judgment of the primary court is restored.
  • Appellant awarded costs.