ahmad juma vs nkema jonathan 2021 tzhclandd 554 21 september 2021

The appeal was dismissed because there was sufficient documentary and oral evidence proving the appellant consented to transfer the suit land to the respondent, and the tribunals properly evaluated the evidence and followed legal principles regarding appellate review and locus in quo.

Source-derived case information.

Citation: ahmad juma vs nkema jonathan 2021 tzhclandd 554 21 september 2021
Parties: Appellant: Ahmad Juma; Respondent: Neema Morice Jonathan
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 21 September 2021
Procedural Posture: Land Appeal / Second Appeal, Judgment
Outcome: appeal dismissed with costs
Legal Topics: Transfer of Land, Consent to Transfer, Evidence Evaluation, Ownership Dispute
Source Language: english

Land Law Transfer of Land Consent to Transfer Evidence Evaluation Ownership Dispute

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Ahmad Juma

Appellant

Neema Morice Jonathan

Respondent

Procedural Posture

Land Appeal / Second Appeal, Judgment

Legal Issues

1 Whether the appellant consented to transfer the suit property to the respondent
2 Whether the tribunals erred in relying on evidence to declare the respondent owner
3 Whether the tribunals failed to properly examine the appellant's evidence

Ratio Decidendi

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed in its entirety with costs
Decision of District Land and Housing Tribunal for llala and Pugu Station Ward Tribunal upheld

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