celina jacob mollel vs samson elias and another 2020 tzhc 2271 28 august 2020

The trial Tribunal erred by failing to properly evaluate the evidence, not visiting the locus in quo, and not reading assessors' opinions to the parties as required by law. These procedural irregularities rendered the decision unsafe, necessitating a retrial.

Citation: celina jacob mollel vs samson elias and another 2020 tzhc 2271 28 august 2020
Parties: Appellant: Celina Jacob @Mollel; Respondent: Samson Elias; Respondent: Magreth Numa @Gwandu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 August 2020
Procedural Posture: Land Appeal / First Appeal
Outcome: appeal allowed; retrial ordered
Legal Topics: Ownership of Land, Adverse Possession, Evaluation of Evidence, Procedural Irregularity, Limitation Period
Source Language: English

Land Law Ownership of Land Adverse Possession Evaluation of Evidence Procedural Irregularity Limitation Period

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

Celina Jacob @Mollel

Appellant

Samson Elias

Respondent

Magreth Numa @Gwandu

Respondent

Procedural Posture

Land Appeal / First Appeal

Legal Issues

1 Whether the trial Tribunal erred in holding that the appellant failed to prove the extent and size of the land in dispute
2 Whether the Tribunal properly evaluated the evidence on record
3 Whether the Tribunal erred in law by not reading assessors' opinions to the parties

Ratio Decidendi

Court Disposition

appeal allowed; retrial ordered

Orders

Parties restored to their pre-Trial Tribunal positions
Liberty to institute fresh proceedings before a differently constituted Tribunal