aikos namundujee vs method milambo 2020 tzhclandd 1 25 november 2020

aikos namundujee vs method milambo 2020 tzhclandd 1 25 november 2020

The respondent's Written Statement of Defence was filed out of time and in an incompetent language; amendment order removed the previous WSD from the record; absence of valid WSD left respondent with no locus standi; appellant's evidence was sufficient to prove ownership.

Citation
aikos namundujee vs method milambo 2020 tzhclandd 1 25 november 2020
Parties
Appellant: Aikos Namundujee; Respondent: Method Milambo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 November 2020
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Procedural Compliance, Ownership Determination, Language of Pleadings, Amendment of Pleadings
Source Language
English
Land Law Procedural Compliance Ownership Determination Language of Pleadings Amendment of Pleadings

Case Brief

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Parties

Aikos Namundujee

Appellant

Method Milambo

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the Written Statement of Defence filed out of time without leave was valid
  2. 2 Whether the Swahili version of the Written Statement of Defence was competent
  3. 3 Effect of amendment order on previously filed pleadings

Ratio Decidendi

The respondent's Written Statement of Defence was filed out of time and in an incompetent language; amendment order removed the previous WSD from the record; absence of valid WSD left respondent with no locus standi; appellant's evidence was sufficient to prove ownership.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of the tribunal set aside
  • Appellant declared lawful owner of the disputed land