19980831 TZHC Dar es Salaam

19980831 TZHC Dar es Salaam

The suit was not time-barred as it was filed within less than 12 years from the appellant's entry or breach of conditions; the appellant failed to prove acquisition of ownership by allocation in 1974; the respondent had standing as the inheritor of the land.

Citation
19980831 TZHC Dar es Salaam
Parties
Appellant: Bakari Mshamu; Respondent: Abdallah Rehani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 1998
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Limitation Period, Land Ownership, Locus Standi
Source Language
English
Civil Law Land Law Limitation Period Land Ownership Locus Standi

Case Brief

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Parties

Bakari Mshamu

Appellant

Abdallah Rehani

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the suit was time-barred under the law of limitation
  2. 2 Whether the appellant had acquired ownership of the disputed land
  3. 3 Whether the respondent had locus standi

Ratio Decidendi

The suit was not time-barred as it was filed within less than 12 years from the appellant's entry or breach of conditions; the appellant failed to prove acquisition of ownership by allocation in 1974; the respondent had standing as the inheritor of the land.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs