JUDGMENT Ernest E

JUDGMENT Ernest E

The appellant failed to prove his claim to the required standard; documentary evidence was not properly tendered; respondents' evidence of allocation and longstanding possession outweighed appellant's contradictory testimony.

Citation
JUDGMENT Ernest E
Parties
Appellant: Ernest Ephrem Ponera; Respondent: Beno Nchimbi; Respondent: Arusi Simbili; Respondent: Sadi Salumu; Respondent: Salum Manong’a
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1987
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Standard of Proof, Admissibility of Evidence, Administration of Estates, Land Allocation, Trespass
Source Language
English
Land Law Civil Procedure Burden of Proof Standard of Proof Admissibility of Evidence Administration of Estates Land Allocation Trespass

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Parties

Ernest Ephrem Ponera

Appellant

Beno Nchimbi

Respondent

Arusi Simbili

Respondent

Sadi Salumu

Respondent

Salum Manong’a

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the trial Tribunal erred in rejecting the appellant as administrator of the estate
  2. 2 Whether the appellant proved his claim to the required standard

Ratio Decidendi

The appellant failed to prove his claim to the required standard; documentary evidence was not properly tendered; respondents' evidence of allocation and longstanding possession outweighed appellant's contradictory testimony.

Court Disposition

appeal dismissed

Orders

  • trial Tribunal decision and orders upheld
  • no order as to costs