daniel velus mwanandenje vs obadi colonel silungu 2023 tzhc 21233 21 september 2023
The appellant failed to provide a sufficient description of the disputed land and did not discharge the burden of proof required to establish ownership on the balance of probabilities.
Source-derived case information.
- Citation
- daniel velus mwanandenje vs obadi colonel silungu 2023 tzhc 21233 21 september 2023
- Parties
- Appellant: Daniel Velus Mwanandenje; Respondent: Obadi Colonel Silungu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 September 2023
- Procedural Posture
- Land Appeal / Judgment on First Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Burden of Proof, Description of Immovable Property, Appellate Review
- Source Language
- english
Land Law Civil Procedure Burden of Proof Description of Immovable Property Appellate Review
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Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Parties
Daniel Velus Mwanandenje
Appellant
Obadi Colonel Silungu
Respondent
Procedural Posture
Land Appeal / Judgment on First Appeal
Legal Issues
- 1 Whether the appellant proved ownership of the disputed land on the balance of probabilities
- 2 Whether the description of the disputed land was sufficient to identify the property
Ratio Decidendi
The appellant failed to provide a sufficient description of the disputed land and did not discharge the burden of proof required to establish ownership on the balance of probabilities.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
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