avit thadeus massawe vs isdory assega 2018 tzca 357 13 december 2018

avit thadeus massawe vs isdory assega 2018 tzca 357 13 december 2018

Conflicting evidence on the location of the suit property prevents a just and certain determination; additional evidence, including a physical visit and expert identification, is necessary to resolve the dispute.

Citation
avit thadeus massawe vs isdory assega 2018 tzca 357 13 december 2018
Parties
Appellant: Avit Thadeus Massawe; Respondent: Isidory Assenga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2018
Procedural Posture
Civil Appeal / Interlocutory Order for Additional Evidence
Outcome
Determination of appeal stayed pending additional evidence.
Legal Topics
Identification of Immovable Property, Procedure for Taking Additional Evidence, Locus in Quo Visits
Source Language
English
Land Law Civil Procedure Identification of Immovable Property Procedure for Taking Additional Evidence Locus in Quo Visits

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 1 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Avit Thadeus Massawe

Appellant

Isidory Assenga

Respondent

Procedural Posture

Civil Appeal / Interlocutory Order for Additional Evidence

Legal Issues

  1. 1 Whether the suit property is located on Plot No. 16 or Plot No. 17
  2. 2 Whether the appellant proved ownership and trespass
  3. 3 Whether the trial court erred in dismissing the suit without ascertaining the physical location

Ratio Decidendi

Conflicting evidence on the location of the suit property prevents a just and certain determination; additional evidence, including a physical visit and expert identification, is necessary to resolve the dispute.

Court Disposition

Determination of appeal stayed pending additional evidence.

Orders

  • Trial High Court to take additional evidence on the actual location of the suit property.
  • A high ranked Land Officer from Moshi District Land Office to identify Plots No. 16 and 17 and locate the suit property.