haji vs kalonga 2005 tzhc 20 4 march 2005

The appellant's evidence and that of her witnesses was sufficient to prove trespass by the respondent, and the District Court erred in requiring the testimony of the former husband as indispensable.

Citation: haji vs kalonga 2005 tzhc 20 4 march 2005
Parties: Appellant: Aisha Haji; Respondent: Samon Kalonga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 March 2005
Procedural Posture: Civil Appeal / Judgment on Second Appeal
Outcome: appeal allowed
Legal Topics: Land Boundary Dispute, Trespass, Evidence Evaluation, Appellate Review
Source Language: English

Property Law Civil Procedure Land Boundary Dispute Trespass Evidence Evaluation Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Aisha Haji

Appellant

Samon Kalonga

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

1 Whether the respondent trespassed on the appellant's land by building a wall inside her boundary
2 Whether the absence of the appellant's former husband as a witness was fatal to her case
3 Whether the District Court erred in reversing the Primary Court's decision

Ratio Decidendi

The appellant's evidence and that of her witnesses was sufficient to prove trespass by the respondent, and the District Court erred in requiring the testimony of the former husband as indispensable.

Court Disposition

appeal allowed

Orders

District Court's decision set aside
Respondent Simon Kalonga ordered to demolish his wall from the appellant's area as soon as possible