19990604 TZHC Dar es Salaam

19990604 TZHC Dar es Salaam

The appellant failed to prove a better title to the disputed plot than the respondent, as there was no evidence of land allocation by Mtongani village or grant of title to the appellant.

Citation
19990604 TZHC Dar es Salaam
Parties
Appellant: Andrea James Kasuga; Respondent: Asher Automobiles Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 June 1999
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Declaration of Title, Right of Occupancy, Burden of Proof, Appeal Grounds
Source Language
English
Land Law Civil Procedure Declaration of Title Right of Occupancy Burden of Proof Appeal Grounds

Case Brief

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Parties

Andrea James Kasuga

Appellant

Asher Automobiles Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had a better title to Plot No. 93 Bahari Beach than the respondent
  2. 2 Whether the trial court was biased or erred in refusing to visit the disputed land
  3. 3 Whether the appellant's membership of Mtongani village was improperly rejected

Ratio Decidendi

The appellant failed to prove a better title to the disputed plot than the respondent, as there was no evidence of land allocation by Mtongani village or grant of title to the appellant.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.