20160311 TZHC Mwanza

20160311 TZHC Mwanza

The DLHT failed to resolve the boundary dispute and did not properly locate the boundary; the Ward Tribunal's decision, which relied on the line of sisal plants as the boundary, is restored, and the boundary must be located with the aid of knowledgeable witnesses.

Citation
20160311 TZHC Mwanza
Parties
Appellant: Bartzazar Thomas; Respondent: Norbert Alfonce
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 March 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Boundary Dispute, Land Ownership, Tribunal Jurisdiction
Source Language
English
Land Law Boundary Dispute Land Ownership Tribunal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Bartzazar Thomas

Appellant

Norbert Alfonce

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 whether the boundary between the parties' lands was properly determined
  2. 2 whether the DLHT decision resolved the boundary dispute

Ratio Decidendi

The DLHT failed to resolve the boundary dispute and did not properly locate the boundary; the Ward Tribunal's decision, which relied on the line of sisal plants as the boundary, is restored, and the boundary must be located with the aid of knowledgeable witnesses.

Court Disposition

appeal allowed

Orders

  • DLHT decision quashed
  • Ward Tribunal decision restored