erick alexanda mapunda vs susana milinga others 2013 tzhc 2186 21 november 2013

erick alexanda mapunda vs susana milinga others 2013 tzhc 2186 21 november 2013

The prosecution failed to prove beyond reasonable doubt that the respondents trespassed onto the appellant's land, and lawful ownership of the disputed land was not established.

Citation
erick alexanda mapunda vs susana milinga others 2013 tzhc 2186 21 november 2013
Parties
Appellant: Erick Alexanda Mapunda; Respondent: Susana Milinga; Respondent: Solanus Kwilinus Mapunda; Respondent: Joseph Kwilinus Mapunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Criminal Trespass, Burden of Proof, Land Ownership
Source Language
English

Case Brief

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Parties

Erick Alexanda Mapunda

Appellant

Susana Milinga

Respondent

Solanus Kwilinus Mapunda

Respondent

Joseph Kwilinus Mapunda

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the respondents trespassed onto the appellant's land
  2. 2 Whether the prosecution proved its case beyond reasonable doubt
  3. 3 Whether lawful ownership of the disputed land was established

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the respondents trespassed onto the appellant's land, and lawful ownership of the disputed land was not established.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs