ASA MALUNDO

ASA MALUNDO

The trial chairman did not omit his signature at the end of the witness's evidence; the evidence of the appellant's witness was hearsay and inadmissible; the respondent's evidence was heavier and proved ownership on the balance of probabilities; the appeal lacked merit and was dismissed.

Citation
ASA MALUNDO
Parties
Appellant: Asa Malundo; Respondent: Samwel Nzuga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Land Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Burden of Proof, Appellate Review, Hearsay Evidence, Procedural Irregularities, Ownership of Land
Source Language
English
Land Law Civil Procedure Burden of Proof Appellate Review Hearsay Evidence Procedural Irregularities Ownership of Land

Case Brief

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Parties

Asa Malundo

Appellant

Samwel Nzuga

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the trial tribunal erred in declaring the respondent the lawful owner of the suit land
  2. 2 Whether the trial chairman's failure to append signature at the end of each witness's evidence vitiated the proceedings
  3. 3 Whether the trial tribunal erred by not joining the lawful owner of the suit land

Ratio Decidendi

The trial chairman did not omit his signature at the end of the witness's evidence; the evidence of the appellant's witness was hearsay and inadmissible; the respondent's evidence was heavier and proved ownership on the balance of probabilities; the appeal lacked merit and was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Respondent awarded costs