bakari mshamu vs abdallah rehani 1998 tzhc 2022 31 august 1998

bakari mshamu vs abdallah rehani 1998 tzhc 2022 31 august 1998

The suit was not time-barred as it was filed within 12 years from the appellant's entry into possession or breach of conditions; there was no evidence the appellant acquired ownership in 1974; the respondent had standing as the owner.

Citation
bakari mshamu vs abdallah rehani 1998 tzhc 2022 31 august 1998
Parties
Appellant: Bakari Mshamu; Respondent: Abdallah Rehani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 1998
Procedural Posture
PC Civil Appeal / Judgment on Second Appeal
Outcome
Appeal dismissed with costs
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

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Parties

Bakari Mshamu

Appellant

Abdallah Rehani

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Second Appeal

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 suit was not time-barred as it was filed within 12 years from the appellant's entry into possession or breach of conditions; there was no evidence the appellant acquired ownership in 1974; the respondent had standing as the owner.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs