20160115 TZHC Mwanza

20160115 TZHC Mwanza

The evidence established that the appellant gave the respondent the disputed land, corroborated by the appellant's own testimony and that of his sons. Even if not, the respondent's long, uninterrupted possession for over 12 years would entitle him to ownership by adverse possession.

Citation
20160115 TZHC Mwanza
Parties
Appellant: Daniel Mnada Moreni; Respondent: Moremi Mekaba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 January 2016
Procedural Posture
Land Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Ownership, Adverse Possession, Evidence, Appeals
Source Language
English
Land Law Ownership Adverse Possession Evidence Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Mnada Moreni

Appellant

Moremi Mekaba

Respondent

Procedural Posture

Land Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent was lawfully given the disputed land by the appellant
  2. 2 Whether the respondent acquired ownership by adverse possession

Ratio Decidendi

The evidence established that the appellant gave the respondent the disputed land, corroborated by the appellant's own testimony and that of his sons. Even if not, the respondent's long, uninterrupted possession for over 12 years would entitle him to ownership by adverse possession.

Court Disposition

Appeal dismissed

Orders

  • District Land and Housing Tribunal's decision confirmed
  • No order as to costs