ernest hume others vs joseph rashid mtunguja 2012 tzhc 191 14 september 2012

ernest hume others vs joseph rashid mtunguja 2012 tzhc 191 14 september 2012

The tribunal erred by deciding the issue of ownership instead of the pleaded issue of encroachment without sufficient evidence from a Land Officer or Surveyor. More evidence is required to establish whether the disputed area is part of the respondent's surveyed plot.

Citation
ernest hume others vs joseph rashid mtunguja 2012 tzhc 191 14 september 2012
Parties
Appellant: Ernest Hume; Appellant: Sulemani Kassim; Appellant: Mainda Athumani; Respondent: Joseph Rashid Mtunguja
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 2012
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed in part; matter remitted for additional evidence.
Legal Topics
Encroachment, Burden of Proof, Admissibility of Evidence, Res Judicata
Source Language
English
Land Law Encroachment Burden of Proof Admissibility of Evidence Res Judicata

Case Brief

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Parties

Ernest Hume

Appellant

Sulemani Kassim

Appellant

Mainda Athumani

Appellant

Joseph Rashid Mtunguja

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellants encroached and constructed on the respondent's land
  2. 2 Whether the tribunal erred by not taking evidence from Land Surveyors or Land Officers
  3. 3 Whether reliance on letters from Land Officers was proper evidence of encroachment

Ratio Decidendi

The tribunal erred by deciding the issue of ownership instead of the pleaded issue of encroachment without sufficient evidence from a Land Officer or Surveyor. More evidence is required to establish whether the disputed area is part of the respondent's surveyed plot.

Court Disposition

Appeal allowed in part; matter remitted for additional evidence.

Orders

  • File to be forwarded to the District Land and Housing Tribunal of Tanga District for additional evidence from the Land Officer/Surveyor to establish encroachment.
  • No order as to costs.