august a mpolo vs ramadhani shabani msuya 2018 tzhclandd 504 24 august 2018

Appellant's uninterrupted occupation of the disputed land for over 23 years constitutes adverse possession, entitling him to ownership and rendering it unfair to disturb his possession.

Citation: august a mpolo vs ramadhani shabani msuya 2018 tzhclandd 504 24 august 2018
Parties: Appellant: Augusta Mpolo; Respondent: Ramadhani Shabani Msuya
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 24 August 2018
Procedural Posture: Miscellaneous Land Appeal / Final Judgment
Outcome: appeal allowed
Legal Topics: Adverse Possession, Ownership, Trespass, Limitation of Actions
Source Language: English

Land Law Adverse Possession Ownership Trespass Limitation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Augusta Mpolo

Appellant

Ramadhani Shabani Msuya

Respondent

Procedural Posture

Miscellaneous Land Appeal / Final Judgment

Legal Issues

1 whether the appellant acquired ownership by adverse possession
2 whether the District Land and Housing Tribunal erred in overturning the Ward Tribunal's decision
3 whether strict rules of evidence and procedure bind the Ward Tribunal

Ratio Decidendi

Appellant's uninterrupted occupation of the disputed land for over 23 years constitutes adverse possession, entitling him to ownership and rendering it unfair to disturb his possession.

Court Disposition

appeal allowed

Orders

decision of District Land and Housing Tribunal quashed
decision of trial Ward Tribunal upheld