mshamu vs rehani 1998 tzhc 12 31 august 1998

mshamu vs rehani 1998 tzhc 12 31 august 1998

The action was not time-barred as it was filed within 12 years from the relevant date of possession or violation of conditions, and the appellant failed to prove acquisition of ownership by allocation in 1974.

Citation
mshamu vs rehani 1998 tzhc 12 31 august 1998
Parties
Appellant: Bakari Mshamu; Respondent: Not named (Respondent)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 1998
Procedural Posture
Civil Appeal / Second Appeal From District Court Decision
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Land Ownership, Locus Standi
Source Language
English
Civil Law Land Law Limitation of Actions Land Ownership Locus Standi

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
Sign in to unlock

Parties

Bakari Mshamu

Appellant

Not named (Respondent)

Respondent

Procedural Posture

Civil Appeal / Second Appeal From District Court Decision

Legal Issues

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

Ratio Decidendi

The action was not time-barred as it was filed within 12 years from the relevant date of possession or violation of conditions, and the appellant failed to prove acquisition of ownership by allocation in 1974.

Court Disposition

Appeal dismissed

Orders

  • Decision of lower courts upheld