20100930 TZHC Mbeya

20100930 TZHC Mbeya

The appellant abandoned the property for over 26 years, creating a vacuum filled by her relative who acted as her agent in selling the property. The respondent and his predecessors acted with due diligence. The claim for compensation should be directed to the appellant's relatives who sold the property, not the respondent. The appeal is dismissed and the respondent is awarded costs.

Citation
20100930 TZHC Mbeya
Parties
Appellant: Edina Adam Kibona; Respondent: Absolom Swebe (Shell)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2010
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Agency, Compensation for Demolition, Jurisdiction
Source Language
English
Land Law Adverse Possession Limitation of Actions Agency Compensation for Demolition Jurisdiction

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Parties

Edina Adam Kibona

Appellant

Absolom Swebe (Shell)

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant is the lawful owner of the disputed land and house
  2. 2 Whether the respondent trespassed and demolished the appellant's house
  3. 3 Whether the claim was time-barred under the Law of Limitation Act

Ratio Decidendi

The appellant abandoned the property for over 26 years, creating a vacuum filled by her relative who acted as her agent in selling the property. The respondent and his predecessors acted with due diligence. The claim for compensation should be directed to the appellant's relatives who sold the property, not the respondent. The appeal is dismissed and the respondent is awarded costs.

Court Disposition

Appeal dismissed

Orders

  • Respondent awarded costs of the appeal