evarista jeradi v jeradi joseph 2023 tzhc 21947 20 october 2023

evarista jeradi v jeradi joseph 2023 tzhc 21947 20 october 2023

The appeal was dismissed because the respondent's description of the suit land was found satisfactory, both parties were knowledgeable about the land, and the appellant failed to cross-examine the respondent on material facts, amounting to acceptance of the respondent's testimony that only one acre was given...

Source-derived case information.

Citation
evarista jeradi v jeradi joseph 2023 tzhc 21947 20 october 2023
Parties
Appellant: Evarista Jeradi; Respondent: Jeradi Joseph
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2023
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Ownership of Land, Description of Suit Land, Burden of Proof, Failure to Cross Examine, Gift of Land, Family Land Disputes
Source Language
english
Land Law Ownership of Land Description of Suit Land Burden of Proof Failure to Cross Examine Gift of Land Family Land Disputes

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Summary, issues, holding and outcome

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Parties

Evarista Jeradi

Appellant

Jeradi Joseph

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the suit land was properly described in the pleadings and evidence
  2. 2 Whether the appellant proved legal ownership of the suit land

Ratio Decidendi

The appeal was dismissed because the respondent's description of the suit land was found satisfactory, both parties were knowledgeable about the land, and the appellant failed to cross-examine the respondent on material facts, amounting to acceptance of the respondent's testimony that only one acre was given temporarily. There was no credible evidence that the appellant was given the entire land permanently.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs