bosco suka vs anamalia ndunguru 2020 tzhc 1012 28 may 2020

bosco suka vs anamalia ndunguru 2020 tzhc 1012 28 may 2020

The appeal was dismissed because the concurrent findings of the trial and appellate tribunals were based on the credibility of the respondent's evidence and witnesses, and there was no cogent reason or misapprehension of evidence to warrant interference by the court.

Citation
bosco suka vs anamalia ndunguru 2020 tzhc 1012 28 may 2020
Parties
Appellant: Bosco Suka; Respondent: Anamalia Ndunguru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2020
Procedural Posture
Land Appeal / Second Appeal, Judgment
Outcome
appeal dismissed
Legal Topics
Land Allocation, Evidence Evaluation, Credibility of Witnesses, Concurrent Findings
Source Language
English
Land Law Land Allocation Evidence Evaluation Credibility of Witnesses Concurrent Findings

Case Brief

Summary, issues, holding and outcome

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Parties

Bosco Suka

Appellant

Anamalia Ndunguru

Respondent

Procedural Posture

Land Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 Whether the tribunals properly evaluated the evidence adduced in the matter
  2. 2 Whether the appellant proved allocation and ownership of the disputed land

Ratio Decidendi

The appeal was dismissed because the concurrent findings of the trial and appellate tribunals were based on the credibility of the respondent's evidence and witnesses, and there was no cogent reason or misapprehension of evidence to warrant interference by the court.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Costs to follow the event