daud petro kasambula v rashid shabout and matanda thomas 2023 tzhc 17387 16 may 2023

daud petro kasambula v rashid shabout and matanda thomas 2023 tzhc 17387 16 may 2023

The appellant failed to tender proof of his allegations at the trial tribunal and abandoned other grounds of appeal; the appellate court cannot receive fresh evidence without proper procedure. The trial tribunal's decision, which included a visit to the locus in quo, stands.

Citation
daud petro kasambula v rashid shabout and matanda thomas 2023 tzhc 17387 16 may 2023
Parties
Appellant: Daud Petro Kasambula; 1st Respondent: Rashid Shabout; 2nd Respondent: Matanda Thomas
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 May 2023
Procedural Posture
Land Case Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Trespass to Land, Burden of Proof, Appellate Procedure, Misjoinder of Parties
Source Language
English
Land Law Trespass to Land Burden of Proof Appellate Procedure Misjoinder of Parties

Case Brief

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Parties

Daud Petro Kasambula

Appellant

Rashid Shabout

1st Respondent

Matanda Thomas

2nd Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant proved trespass to land by the respondents
  2. 2 Whether the trial tribunal erred in dismissing the application for want of merits and misjoinder of parties

Ratio Decidendi

The appellant failed to tender proof of his allegations at the trial tribunal and abandoned other grounds of appeal; the appellate court cannot receive fresh evidence without proper procedure. The trial tribunal's decision, which included a visit to the locus in quo, stands.

Court Disposition

Appeal dismissed

Orders

  • Judgment and Decree of the trial tribunal upheld
  • No order for costs