20090420 TZHC Arusha

Ownership of the disputed house vested in the respondent's late grandmother due to long, uninterrupted possession and use; appellant's claim not proved on balance of probabilities.

Citation: 20090420 TZHC Arusha
Parties: Appellant: Ephraim Joseph; Respondent: Daudi Vayani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 April 2009
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal dismissed with costs
Legal Topics: Inheritance, Ownership, Appointment of Administrator
Source Language: English

Property Law Succession Law Inheritance Ownership Appointment of Administrator

Case Brief

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Parties

Ephraim Joseph

Appellant

Daudi Vayani

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellant is entitled to inherit the disputed house without appointment of an administrator
2 Whether the disputed house belonged to the appellant's father or the respondent's grandmother

Ratio Decidendi

Ownership of the disputed house vested in the respondent's late grandmother due to long, uninterrupted possession and use; appellant's claim not proved on balance of probabilities.

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed
Appellant to pay costs