ernest sebastian mbele vs sebastian sebastian mbele others 2021 tzca 168 4 may 2021

The appellant failed to prove, on a balance of probabilities, that the land was given to him as a gift inter vivos by his parents. The evidence was contradictory, lacked detail, and was not credible. There was no proof of adverse possession as it was neither pleaded nor proved. The land remained family property, and the appeal lacked merit.

Citation: ernest sebastian mbele vs sebastian sebastian mbele others 2021 tzca 168 4 may 2021
Parties: Appellant: Ernest Sebastian Mbele; 1st Respondent: Sebastian Sebastian Mbele; 2nd Respondent: Abdul Mhagama; 3rd Respondent: Kasian Mahai
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 May 2021
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Ownership of Land, Gift Inter Vivos, Burden of Proof, Adverse Possession, Locus Standi, Family Property, Pleadings
Source Language: English

Land Law Civil Procedure Ownership of Land Gift Inter Vivos Burden of Proof Adverse Possession Locus Standi Family Property +1 more

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Ernest Sebastian Mbele

Appellant

Sebastian Sebastian Mbele

1st Respondent

Abdul Mhagama

2nd Respondent

Kasian Mahai

3rd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant is the lawful owner of the disputed land
2 Whether the appellant proved a gift inter vivos
3 Whether the appellant acquired the land by adverse possession

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs.