emmanuel john mrema vs oscar h katunzi and another 2021 tzhclandd 652 15 october 2021

emmanuel john mrema vs oscar h katunzi and another 2021 tzhclandd 652 15 october 2021

Plaintiff failed to prove ownership and possession of the disputed land, failed to provide sufficient description and evidence of title, and did not discharge the burden of proof required by law; therefore, the suit is dismissed and the 2nd defendant is declared the lawful owner based on documentary evidence and possession.

Citation
emmanuel john mrema vs oscar h katunzi and another 2021 tzhclandd 652 15 october 2021
Parties
Plaintiff: Emmanuel John Mrema; 1st Defendant: Oscar H Katunzi; 2nd Defendant: Erick Mkwema
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 October 2021
Procedural Posture
Land Case / Final Judgment
Outcome
suit dismissed with costs
Legal Topics
Ownership, Title to Land, Burden of Proof, Description of Property, Probate Administration, Trespass
Source Language
English
Land Law Civil Procedure Ownership Title to Land Burden of Proof Description of Property Probate Administration Trespass

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Parties

Emmanuel John Mrema

Plaintiff

Oscar H Katunzi

1st Defendant

Erick Mkwema

2nd Defendant

Procedural Posture

Land Case / Final Judgment

Legal Issues

  1. 1 Who is the lawful owner of the suit property?
  2. 2 To what reliefs are the parties entitled to?

Ratio Decidendi

Plaintiff failed to prove ownership and possession of the disputed land, failed to provide sufficient description and evidence of title, and did not discharge the burden of proof required by law; therefore, the suit is dismissed and the 2nd defendant is declared the lawful owner based on documentary evidence and possession.

Court Disposition

suit dismissed with costs

Orders

  • 2nd defendant declared owner of land described in Annexure D2 (60m x 60m at Changanyikeni, Makongo Ward, Kinondoni District, Dar es Salaam)
  • plaintiff's claims dismissed