19981204 TZHC Dar es Salaam

19981204 TZHC Dar es Salaam

The doctrine of adverse possession is applicable as the respondent has been in continuous possession of the land since 1974, having cleared and developed it, and the appellant's claim is therefore dismissed.

Citation
19981204 TZHC Dar es Salaam
Parties
Appellant: Appellant; Respondent: Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 1998
Procedural Posture
Civil Appeal / Judgment on Appeal From District Court
Outcome
Appeal dismissed with costs to the respondent in both courts below.
Legal Topics
Adverse Possession
Source Language
English
Property Law Adverse Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the doctrine of adverse possession applies to the facts of the case

Ratio Decidendi

The doctrine of adverse possession is applicable as the respondent has been in continuous possession of the land since 1974, having cleared and developed it, and the appellant's claim is therefore dismissed.

Court Disposition

Appeal dismissed with costs to the respondent in both courts below.

Orders

  • Judgment to be read in presence of parties by the District Judge.