20070607 TZHC Tabora

20070607 TZHC Tabora

The appeal was dismissed because the trial court's findings on credibility of witnesses, supported by the district court, were not to be interfered with by the appellate court. The appellant failed to show any error in the assessment of credibility or findings of fact by the lower courts.

Citation
20070607 TZHC Tabora
Parties
Appellant: Daniel s/o Kandi; Respondent: Kundi s/o Mshingi; Respondent: Kashinje s/o Magulya; Respondent: Kitinya s/o Magulya; Respondent: Maduka s/o Kandi; Respondent: Mahela s/o Kandi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 June 2007
Procedural Posture
Civil Appeal / Second Appeal Before High Court
Outcome
appeal dismissed with costs
Legal Topics
Inheritance, Land Ownership, Credibility of Witnesses, Appellate Review
Source Language
English
Civil Law Land Law Succession Inheritance Land Ownership Credibility of Witnesses Appellate Review

Case Brief

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Parties

Daniel s/o Kandi

Appellant

Kundi s/o Mshingi

Respondent

Kashinje s/o Magulya

Respondent

Kitinya s/o Magulya

Respondent

Maduka s/o Kandi

Respondent

Mahela s/o Kandi

Respondent

Procedural Posture

Civil Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the appellant is entitled to a share of the disputed land as inheritance from his deceased father
  2. 2 Whether the appellant had sold his share of the land and thus lost any claim over it
  3. 3 Whether the lower courts erred in assessing the credibility of witnesses

Ratio Decidendi

The appeal was dismissed because the trial court's findings on credibility of witnesses, supported by the district court, were not to be interfered with by the appellate court. The appellant failed to show any error in the assessment of credibility or findings of fact by the lower courts.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Decisions of lower courts affirmed