ndson james mwanyingili vs moses mwalwisi others 2002 tzhc 2069 11 october 2002
Respondents' rights to the land were derived from Samsoni Mwambene, who lost possession; therefore, their rights were extinguished and the application for vacant possession was not barred by res judicata.
- Citation
- ndson james mwanyingili vs moses mwalwisi others 2002 tzhc 2069 11 october 2002
- Parties
- Appellant: Edson Mwayingili; Respondent: Moses Kwalwisi; Respondent: Ssai Kibona; Respondent: Adam Mpalano; Respondent: Kajela Jailos; Respondent: Mwanyangila Mwawakabopela
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 October 2002
- Procedural Posture
- Miscellaneous Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Land Possession, Eviction, Res Judicata
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edson Mwayingili
Appellant
Moses Kwalwisi
Respondent
Ssai Kibona
Respondent
Adam Mpalano
Respondent
Kajela Jailos
Respondent
Mwanyangila Mwawakabopela
Respondent
Procedural Posture
Miscellaneous Civil Appeal / Judgment
Legal Issues
- 1 Whether the respondents are entitled to remain on the disputed land after their lessor lost possession
- 2 Whether the application for vacant possession is barred by res judicata
Ratio Decidendi
Respondents' rights to the land were derived from Samsoni Mwambene, who lost possession; therefore, their rights were extinguished and the application for vacant possession was not barred by res judicata.
Court Disposition
appeal allowed
Orders
- Respondents to give vacant possession to the appellant as prayed in his application.
- Costs awarded to appellant.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment