edwin mapunda vs winfrid nchimbi 2012 tzhclandd 114 3 august 2012

edwin mapunda vs winfrid nchimbi 2012 tzhclandd 114 3 august 2012

The disputed land in this appeal is different from that in Civil Appeal No. 15 of 1980; the District Land Tribunal failed to consider this distinction and improperly entertained evidence not before the Ward Tribunal, warranting the quashing of its decision and restoration of the Ward Tribunal's decision.

Citation
edwin mapunda vs winfrid nchimbi 2012 tzhclandd 114 3 august 2012
Parties
Appellant: Edwin Mapunda; Respondent: Winfrid Nchimbi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 August 2012
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Ownership Dispute, Appeal Procedure, Evidence Evaluation
Source Language
English
Land Law Ownership Dispute Appeal Procedure Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

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Parties

Edwin Mapunda

Appellant

Winfrid Nchimbi

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the land in dispute in the present appeal is the same as that in Civil Appeal No. 15 of 1980
  2. 2 Whether the District Land Tribunal erred by considering evidence and documents not before the Ward Tribunal

Ratio Decidendi

The disputed land in this appeal is different from that in Civil Appeal No. 15 of 1980; the District Land Tribunal failed to consider this distinction and improperly entertained evidence not before the Ward Tribunal, warranting the quashing of its decision and restoration of the Ward Tribunal's decision.

Court Disposition

appeal allowed

Orders

  • The decision of the Songea District Land and Housing Tribunal is quashed and set aside.
  • The Ward Tribunal decision is restored.