aisha haji vs samon kalonga 2005 tzhc 113 4 march 2005

aisha haji vs samon kalonga 2005 tzhc 113 4 march 2005

The evidence of the appellant and her witnesses was sufficient to prove trespass by the respondent. The District Court erred in holding that the appellant's former husband was an indispensable witness and in failing to properly evaluate the evidence on record.

Citation
aisha haji vs samon kalonga 2005 tzhc 113 4 march 2005
Parties
Appellant: Aisha Haji; Respondent: Samon Kalonga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 2005
Procedural Posture
PC Civil Appeal / Judgment on Second Appeal
Outcome
Appeal allowed
Legal Topics
Land Boundary Dispute, Trespass, Evaluation of Evidence, Appeals Process
Source Language
English
Property Law Civil Procedure Land Boundary Dispute Trespass Evaluation of Evidence Appeals Process

Case Brief

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Parties

Aisha Haji

Appellant

Samon Kalonga

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent trespassed on the appellant's land by building a wall inside her boundary
  2. 2 Whether failure to call the appellant's former husband as a witness was fatal to her case
  3. 3 Whether the District Court properly evaluated the evidence

Ratio Decidendi

The evidence of the appellant and her witnesses was sufficient to prove trespass by the respondent. The District Court erred in holding that the appellant's former husband was an indispensable witness and in failing to properly evaluate the evidence on record.

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