20121029 TZHC Mwanza

20121029 TZHC Mwanza

The first appellate tribunal properly evaluated the evidence, gave valid reasons for accepting the respondent's case, and committed no error in procedure or law; the appellant failed to prove his claim to the disputed land.

Citation
20121029 TZHC Mwanza
Parties
Appellant: Daudi Mwita; Respondent: Okombo Guyi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2012
Procedural Posture
Miscellaneous Land Appeal / Second Appeal Before High Court
Outcome
Appeal dismissed with costs
Legal Topics
Appeals, Evaluation of Evidence, Customary Right of Occupancy, Admissibility of Evidence
Source Language
English
Land Law Appeals Evaluation of Evidence Customary Right of Occupancy Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Daudi Mwita

Appellant

Okombo Guyi

Respondent

Procedural Posture

Miscellaneous Land Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the first appellate tribunal erred in evaluating evidence and relying on assessors' opinion
  2. 2 Whether the tribunal erred in procedure during locus in quo visit
  3. 3 Whether the credibility of key witnesses was properly assessed

Ratio Decidendi

The first appellate tribunal properly evaluated the evidence, gave valid reasons for accepting the respondent's case, and committed no error in procedure or law; the appellant failed to prove his claim to the disputed land.

Court Disposition

Appeal dismissed with costs

Orders

  • All five grounds of appeal dismissed
  • Appellant to pay costs