19781221 TZHC Dar es Salaam
The appellant's father purchased the land and allowed Tausi to occupy part of it as an invitee; the respondents failed to prove Tausi's ownership by purchase. The District Court erred in reversing the Primary Court's decision, which was based on credible evidence and unanimous assessor opinion.
- Citation
- 19781221 TZHC Dar es Salaam
- Parties
- Appellant: David Simon; Respondent: Saidi Nanga; Respondent: Vayan Nanga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 December 1978
- Procedural Posture
- Civil Appeal / Second Appeal (high Court)
- Outcome
- appeal allowed
- Legal Topics
- Land Ownership, Inheritance, Title to Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
David Simon
Appellant
Saidi Nanga
Respondent
Vayan Nanga
Respondent
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Legal Issues
- 1 Whether the disputed land and house belonged to the appellant's deceased father or to Tausi, the respondents' deceased paternal aunt
- 2 Whether the District Court erred in reversing the Primary Court's decision
Ratio Decidendi
The appellant's father purchased the land and allowed Tausi to occupy part of it as an invitee; the respondents failed to prove Tausi's ownership by purchase. The District Court erred in reversing the Primary Court's decision, which was based on credible evidence and unanimous assessor opinion.
Court Disposition
appeal allowed
Orders
- Primary Court's decision restored
- Appellant awarded costs
Full Case Text
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