20200319 TZHC Mwanza

20200319 TZHC Mwanza

The appellant failed to prove uninterrupted occupation of the disputed land for the statutory period, and submissions before the District Land and Housing Tribunal did not constitute admissible additional evidence; therefore, the doctrine of adverse possession did not apply and the High Court's decision was upheld.

Citation
20200319 TZHC Mwanza
Parties
Appellant: Bhoke Kitang'ita; Respondent: Makuru Mahemba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 March 2020
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Additional Evidence on Appeal
Source Language
English
Land Law Civil Procedure Adverse Possession Limitation of Actions Additional Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Bhoke Kitang'ita

Appellant

Makuru Mahemba

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant acquired title to the disputed land by adverse possession
  2. 2 Whether submissions before the District Land and Housing Tribunal constituted admissible additional evidence

Ratio Decidendi

The appellant failed to prove uninterrupted occupation of the disputed land for the statutory period, and submissions before the District Land and Housing Tribunal did not constitute admissible additional evidence; therefore, the doctrine of adverse possession did not apply and the High Court's decision was upheld.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • High Court decision upheld