daudi mpagama vs enesia kasuga 2021 tzhc 9221 7 december 2021
The appeal was dismissed because the evidence of the respondent was heavier, the appellant failed to call a material witness, both tribunals adhered to principles of natural justice, and allegations of bias were not substantiated. There was no misdirection or misapprehension of evidence to justify interference with concurrent findings.
- Citation
- daudi mpagama vs enesia kasuga 2021 tzhc 9221 7 december 2021
- Parties
- Appellant: Daudi Mpagama; Respondent: Enesia Kasuga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2021
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Appeals, Evidence, Natural Justice, Bias, Ownership of Land
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Daudi Mpagama
Appellant
Enesia Kasuga
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the District Land and Housing Tribunal erred in upholding the Ward Tribunal's decision
- 2 Whether the appellant's evidence was disregarded
- 3 Whether principles of natural justice were violated
Ratio Decidendi
The appeal was dismissed because the evidence of the respondent was heavier, the appellant failed to call a material witness, both tribunals adhered to principles of natural justice, and allegations of bias were not substantiated. There was no misdirection or misapprehension of evidence to justify interference with concurrent findings.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Costs awarded to respondent
Full Case Text
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