20020402 TZHC Bukoba

The appellant failed to prove his claim to the land on the balance of probabilities, as the evidence did not establish trespass or ownership, and the findings of the lower courts were affirmed.

Citation: 20020402 TZHC Bukoba
Parties: Appellant: Edward Bwahama; Respondent: Simon Felician
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 April 2002
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Burden of Proof, Land Ownership, Appeals
Source Language: English

Civil Law Land Law Burden of Proof Land Ownership Appeals

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Edward Bwahama

Appellant

Simon Felician

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellant proved ownership of the disputed land on the balance of probabilities
2 Whether the lower courts erred in dismissing the appellant's claim

Ratio Decidendi

The appellant failed to prove his claim to the land on the balance of probabilities, as the evidence did not establish trespass or ownership, and the findings of the lower courts were affirmed.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs.