19930107 TZHC Dar es Salaam

19930107 TZHC Dar es Salaam

The evidence clearly showed that the respondent encroached onto the appellant's land by building a hut and fence, and the appellant did not lose his rights by delay. The primary court's judgment in favor of the appellant was correct and is restored.

Source-derived case information.

Citation
19930107 TZHC Dar es Salaam
Parties
Applicant: Ally Rashid; Respondent: Hassani S. Mlombo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 January 1993
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Land Dispute, Encroachment, Adverse Possession
Source Language
english
Property Law Land Dispute Encroachment Adverse Possession

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ally Rashid

Applicant

Hassani S. Mlombo

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent unlawfully encroached on the appellant's land
  2. 2 Whether the appellant lost his right by acquiescence or delay

Ratio Decidendi

The evidence clearly showed that the respondent encroached onto the appellant's land by building a hut and fence, and the appellant did not lose his rights by delay. The primary court's judgment in favor of the appellant was correct and is restored.

Court Disposition

appeal allowed

Orders

  • judgment of the primary court restored
  • appellant to have his costs