ELINAMI JOHN
The appellant failed to discharge the burden of proof regarding ownership of the disputed land, as she did not produce the written sale agreement or credible evidence of its loss, and thus did not prove her claim on the balance of probabilities.
Source-derived case information.
- Citation
- ELINAMI JOHN
- Parties
- Applicant: Elinami John; 1st Respondent: Adelda John @ Adela John; 2nd Respondent: Peter Joseph Maro
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Ownership of Land, Burden of Proof, Evaluation of Evidence, Appeals
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elinami John
Applicant
Adelda John @ Adela John
1st Respondent
Peter Joseph Maro
2nd Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant proved lawful ownership of the disputed land
- 2 Whether the trial tribunal properly evaluated the evidence
Ratio Decidendi
The appellant failed to discharge the burden of proof regarding ownership of the disputed land, as she did not produce the written sale agreement or credible evidence of its loss, and thus did not prove her claim on the balance of probabilities.
Court Disposition
Appeal dismissed
Orders
- No order as to costs
Full Case Text
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