benard okambo vs sammy nyagura 2020 tzhc 3893 27 november 2020

benard okambo vs sammy nyagura 2020 tzhc 3893 27 november 2020

Appellant failed to prove purchase or ownership of 12x60 paces; no evidence of misapprehension or breach of law by lower tribunals; respondent's claim accepted by both tribunals.

Source-derived case information.

Citation
benard okambo vs sammy nyagura 2020 tzhc 3893 27 november 2020
Parties
Appellant: Benard Okambo; Respondent: Sam Nyangura
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Land Appeal / Second Appeal
Outcome
appeal dismissed with costs
Legal Topics
Ownership Dispute, Adverse Possession, Evidence Analysis
Source Language
english
Land Law Ownership Dispute Adverse Possession Evidence Analysis

Source-derived case record

Summary, issues, holding and outcome

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Parties

Benard Okambo

Appellant

Sam Nyangura

Respondent

Procedural Posture

Land Appeal / Second Appeal

Legal Issues

  1. 1 whether appellant proved ownership of 12x60 paces of land
  2. 2 whether respondent proved ownership
  3. 3 whether lower tribunals misapprehended evidence or breached law

Ratio Decidendi

Appellant failed to prove purchase or ownership of 12x60 paces; no evidence of misapprehension or breach of law by lower tribunals; respondent's claim accepted by both tribunals.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondent