20080910 TZHC Mbeya
The appellant's claim is barred by limitation as the respondents have been in continuous, uninterrupted occupation of the land for over 22 years, exceeding the statutory limitation period of 12 years for recovery of land.
- Citation
- 20080910 TZHC Mbeya
- Parties
- Appellant: Alison Mwanja; Respondents: Angumbwike Mastara & 9 Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 September 2008
- Procedural Posture
- Land Case Appeal / Second Appeal From District Land and Housing Tribunal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Limitation of Actions, Clan Land, Inheritance, Adverse Possession
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alison Mwanja
Appellant
Angumbwike Mastara & 9 Others
Respondents
Procedural Posture
Land Case Appeal / Second Appeal From District Land and Housing Tribunal
Legal Issues
- 1 Whether the appellant is entitled to redeem clan land distributed by his deceased father to the respondents
- 2 Whether the claim is barred by limitation under the Law of Limitation Act
Ratio Decidendi
The appellant's claim is barred by limitation as the respondents have been in continuous, uninterrupted occupation of the land for over 22 years, exceeding the statutory limitation period of 12 years for recovery of land.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Costs awarded to respondents
Full Case Text
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