19770819 TZHC Mwanza

The appellant cannot reclaim the shamba, having judicially lost it approximately 20 years ago, and the respondent is protected as a bona fide purchaser. The matter is res judicata.

Citation: 19770819 TZHC Mwanza
Parties: Appellant: Atiatoriyenda; Respondent: Antetzius Mugaba
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 August 1977
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Res Judicata, Bona Fide Purchaser, Land Recovery
Source Language: English

Property Law Civil Procedure Res Judicata Bona Fide Purchaser Land Recovery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Atiatoriyenda

Appellant

Antetzius Mugaba

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant can reclaim the shamba after judicially losing it
2 Whether the matter is res judicata
3 Whether the respondent is a bona fide purchaser

Ratio Decidendi

The appellant cannot reclaim the shamba, having judicially lost it approximately 20 years ago, and the respondent is protected as a bona fide purchaser. The matter is res judicata.

Court Disposition

appeal dismissed

Orders

appeal dismissed with costs