emmanuely assenga vs mahamoud mringo 2021 tzhclandd 6679 19 february 2021

emmanuely assenga vs mahamoud mringo 2021 tzhclandd 6679 19 february 2021

The respondent failed to prove ownership of the suit land, which is an open space, and cannot claim trespass; the appellant cannot be declared owner due to lack of evidence on the extent of the survey; the appeal was filed within time.

Citation
emmanuely assenga vs mahamoud mringo 2021 tzhclandd 6679 19 february 2021
Parties
Appellant: Emmanuel Assenga; Respondent: Mahamoud Mringo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 February 2021
Procedural Posture
Miscellaneous Land Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Ownership, Jurisdiction, Evidence, Limitation of Actions, Natural Justice
Source Language
English
Land Law Ownership Jurisdiction Evidence Limitation of Actions Natural Justice

Case Brief

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Parties

Emmanuel Assenga

Appellant

Mahamoud Mringo

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

  1. 1 whether the respondent proved ownership of the suit land
  2. 2 whether the appellant had locus standi to claim ownership
  3. 3 whether the appeal was time barred

Ratio Decidendi

The respondent failed to prove ownership of the suit land, which is an open space, and cannot claim trespass; the appellant cannot be declared owner due to lack of evidence on the extent of the survey; the appeal was filed within time.

Court Disposition

appeal partly allowed

Orders

  • decision of appellate tribunal and trial tribunal set aside
  • no order as to costs