edward elangala vs pius hw ogunde 2018 tzhclandd 457 9 august 2018

edward elangala vs pius hw ogunde 2018 tzhclandd 457 9 august 2018

The suit was filed more than 13 years after the cause of action arose in 1997, thus it was time barred and the trial tribunal lacked jurisdiction to entertain it.

Source-derived case information.

Citation
edward elangala vs pius hw ogunde 2018 tzhclandd 457 9 august 2018
Parties
Appellant: Edward Elangala; Respondent: Pius H.W. Ogunde
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 August 2018
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Limitation of Actions, Jurisdiction, Adverse Possession, Joinder of Parties
Source Language
english
Land Law Civil Procedure Limitation of Actions Jurisdiction Adverse Possession Joinder of Parties

Source-derived case record

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Edward Elangala

Appellant

Pius H.W. Ogunde

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the suit before the District Land and Housing Tribunal was time barred
  2. 2 Whether the trial tribunal had jurisdiction to entertain the matter

Ratio Decidendi

The suit was filed more than 13 years after the cause of action arose in 1997, thus it was time barred and the trial tribunal lacked jurisdiction to entertain it.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the District Land and Housing Tribunal quashed and set aside
  • Appellant awarded costs