20150317 TZHC Dar es Salaam

20150317 TZHC Dar es Salaam

Appellant raised new issues at appeal which were not pleaded or argued at trial; no misdirection or misapprehension of evidence found; representation by respondent's daughter was lawful; no legal technicality was involved in dismissal; concurrent findings of lower tribunals upheld.

Citation
20150317 TZHC Dar es Salaam
Parties
Appellant: Ester Msigwa; Respondent: Melina Sanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 March 2015
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Second Appeal
Outcome
appeal dismissed with costs
Legal Topics
Adverse Possession, Representation in Tribunal, Appeals, Technicalities in Procedure
Source Language
English
Land Law Civil Procedure Adverse Possession Representation in Tribunal Appeals Technicalities in Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ester Msigwa

Appellant

Melina Sanga

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in law and fact by failing to consider adverse possession
  2. 2 Whether the Tribunal improperly relied on respondent's evidence
  3. 3 Whether representation by respondent's daughter was lawful

Ratio Decidendi

Appellant raised new issues at appeal which were not pleaded or argued at trial; no misdirection or misapprehension of evidence found; representation by respondent's daughter was lawful; no legal technicality was involved in dismissal; concurrent findings of lower tribunals upheld.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondent