20160929 TZHC Mwanza
The respondent was a licensee and not an adverse possessor; resistance to occupation began in 2000, so the principle of adverse possession does not apply. The appellant's claim is not barred by limitation.
- Citation
- 20160929 TZHC Mwanza
- Parties
- Appellant: Bartolomeo Misana; Respondent: Msafiri Kanoge
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 September 2016
- Procedural Posture
- Miscellaneous Land Case Appeal / Final Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Adverse Possession, Licensee Rights, Limitation of Actions, Trespass
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Bartolomeo Misana
Appellant
Msafiri Kanoge
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Final Judgment on Appeal
Legal Issues
- 1 Whether the respondent acquired ownership by adverse possession
- 2 Whether the appellant's claim was barred by limitation
- 3 Whether the respondent was a licensee or trespasser
Ratio Decidendi
The respondent was a licensee and not an adverse possessor; resistance to occupation began in 2000, so the principle of adverse possession does not apply. The appellant's claim is not barred by limitation.
Court Disposition
appeal allowed
Orders
- Respondent declared a trespasser
- Respondent ordered to vacate within 60 days
Full Case Text
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