bashiru hassan vs hamisi jumbe 2022 tzhc 10813 24 may 2022

bashiru hassan vs hamisi jumbe 2022 tzhc 10813 24 may 2022

The cause of action arose in 2017 or 2019, not at the alleged date of sale, so the application was not time barred. The appellant failed to prove purchase of the land on balance of probabilities; evidence established the respondent as owner and appellant as invitee.

Citation
bashiru hassan vs hamisi jumbe 2022 tzhc 10813 24 may 2022
Parties
Appellant: Bashiru Hassan; Respondent: Hamisi Jumbe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 May 2022
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Limitation Period, Oral Agreements, Locus in Quo, Ownership Dispute
Source Language
English
Land Law Limitation Period Oral Agreements Locus in Quo Ownership Dispute

Case Brief

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Parties

Bashiru Hassan

Appellant

Hamisi Jumbe

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the Land Application No. 3 of 2019 before Kondoa DLHT was filed out of time
  2. 2 Whether the respondent's case was sufficiently proved on balance of probabilities

Ratio Decidendi

The cause of action arose in 2017 or 2019, not at the alleged date of sale, so the application was not time barred. The appellant failed to prove purchase of the land on balance of probabilities; evidence established the respondent as owner and appellant as invitee.

Court Disposition

appeal dismissed

Orders

  • decision of Kondoa DLHT upheld
  • no order as to costs