19801022 TZHC Mwanza
The appellant purchased the land with knowledge of the existing foot path, which is a socially important easement; he cannot lawfully prevent its continued usage.
- Citation
- 19801022 TZHC Mwanza
- Parties
- Appellant: Augustine Kachuvibi; Respondent: Pesto Ishuli
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 October 1980
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Easement, Right of Way, Land Purchase, Incumbrance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Augustine Kachuvibi
Appellant
Pesto Ishuli
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant can lawfully prevent continued usage of a foot path across his land
Ratio Decidendi
The appellant purchased the land with knowledge of the existing foot path, which is a socially important easement; he cannot lawfully prevent its continued usage.
Court Disposition
appeal dismissed
Orders
- appeal dismissed with costs
Full Case Text
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