aristarico kaumi bwire vs bwere manyama 2020 tzhc 3894 27 november 2020

aristarico kaumi bwire vs bwere manyama 2020 tzhc 3894 27 november 2020

The appeal was dismissed because the alleged contradictions in the respondent's evidence were immaterial and did not pertain to ownership, and the appellant failed to demonstrate that the tribunal's finding on limitation was erroneous.

Citation
aristarico kaumi bwire vs bwere manyama 2020 tzhc 3894 27 november 2020
Parties
Appellant: Aristarico Kaumi Bwire; Respondent: Bwere Manyama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Land Appeal / Second Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Evidence Evaluation, Contradictory Testimony
Source Language
English
Land Law Adverse Possession Limitation of Actions Evidence Evaluation Contradictory Testimony

Case Brief

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Parties

Aristarico Kaumi Bwire

Appellant

Bwere Manyama

Respondent

Procedural Posture

Land Appeal / Second Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in holding the matter time barred and in evaluating evidence regarding the disputed land's occupation and ownership
  2. 2 Whether the tribunal erred by relying on allegedly contradictory evidence

Ratio Decidendi

The appeal was dismissed because the alleged contradictions in the respondent's evidence were immaterial and did not pertain to ownership, and the appellant failed to demonstrate that the tribunal's finding on limitation was erroneous.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Right of appeal upon certificate on point of law