andason musa vs florah michael 2019 tzhc 15795 21 august 2019

andason musa vs florah michael 2019 tzhc 15795 21 august 2019

The Appellant and his witnesses failed to establish ownership of the disputed farm or any adjacent farm; their evidence was contradictory and unreliable, and refusal to participate in the locus in quo visit undermined their claim. The Respondent's evidence was consistent and credible, supporting her claim of inheritance from her late father.

Citation
andason musa vs florah michael 2019 tzhc 15795 21 august 2019
Parties
Appellant: Andason Musa; Respondent: Florah Michael
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 2019
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Ownership Dispute, Inheritance, Damages, Locus in Quo Procedure
Source Language
English
Land Law Ownership Dispute Inheritance Damages Locus in Quo Procedure

Case Brief

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Parties

Andason Musa

Appellant

Florah Michael

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 ownership of disputed land
  2. 2 validity of damages award
  3. 3 procedural fairness in locus in quo visit

Ratio Decidendi

The Appellant and his witnesses failed to establish ownership of the disputed farm or any adjacent farm; their evidence was contradictory and unreliable, and refusal to participate in the locus in quo visit undermined their claim. The Respondent's evidence was consistent and credible, supporting her claim of inheritance from her late father.

Court Disposition

appeal dismissed with costs

Orders

  • decision of District Land and Housing Tribunal upheld
  • costs awarded to respondent