20180116 TZHC Dodoma
The appellant failed to prove his case on the balance of probabilities, and the respondent established good title to the disputed land. The grounds of appeal lacked merit and the decisions of the lower tribunals were upheld.
- Citation
- 20180116 TZHC Dodoma
- Parties
- Appellant: Amiri Issa; Respondent: Amina Saini
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 January 2018
- Procedural Posture
- Miscellaneous Land Case Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Locus Standi, Burden of Proof, Title to Land, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Amiri Issa
Appellant
Amina Saini
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Judgment
Legal Issues
- 1 Whether the respondent had locus standi to claim the disputed land
- 2 Whether the District Land and Housing Tribunal erred in relying on non-existent witnesses
- 3 Whether the appellant proved his claim to the land on a balance of probabilities
Ratio Decidendi
The appellant failed to prove his case on the balance of probabilities, and the respondent established good title to the disputed land. The grounds of appeal lacked merit and the decisions of the lower tribunals were upheld.
Court Disposition
appeal dismissed with costs
Orders
- decisions of the Ward Tribunal and District Land and Housing Tribunal upheld
Full Case Text
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