ester panduka vs zaina mlawa 2019 tzhclandd 280 6 november 2019

ester panduka vs zaina mlawa 2019 tzhclandd 280 6 november 2019

Appellant failed to prove lawful ownership as her vendor never owned the disputed land; respondent's evidence of direct vendor suffices; contradictions in respondent's evidence do not nullify sale; appellate tribunal's interference was justified.

Citation
ester panduka vs zaina mlawa 2019 tzhclandd 280 6 november 2019
Parties
Appellant: Ester Panduka; Respondent: Zaina Mlawa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 November 2019
Procedural Posture
Miscellaneous Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Title to Land, Sale of Land, Evidence Evaluation
Source Language
English
Land Law Title to Land Sale of Land Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ester Panduka

Appellant

Zaina Mlawa

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in interfering with the trial tribunal's findings of fact
  2. 2 Whether the appellant proved lawful purchase and ownership of the suit land
  3. 3 Whether contradictions in respondent's evidence affect validity of sale and ownership

Ratio Decidendi

Appellant failed to prove lawful ownership as her vendor never owned the disputed land; respondent's evidence of direct vendor suffices; contradictions in respondent's evidence do not nullify sale; appellate tribunal's interference was justified.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs