eveline alphonce odongo vs michael mabula 2021 tzhc 2481 25 march 2021
The appellant's evidence, including the sale agreement and witness testimony, was more reliable than the respondent's. The respondent failed to establish how he acquired the plot. The tribunal erred by not properly considering the appellant's evidence and denying her right to be heard.
- Citation
- eveline alphonce odongo vs michael mabula 2021 tzhc 2481 25 march 2021
- Parties
- Appellant: Eveline Alphonce Odongo; Respondent: Michael Mabula
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 March 2021
- Procedural Posture
- Miscellaneous Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Ownership Dispute, Sale Agreement Validity, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Eveline Alphonce Odongo
Appellant
Michael Mabula
Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment
Legal Issues
- 1 Whether the plot in dispute belongs to the appellant or respondent
- 2 Whether the trial tribunal erred by not considering appellant's evidence
- 3 Whether the appellant was denied the right to be heard
Ratio Decidendi
The appellant's evidence, including the sale agreement and witness testimony, was more reliable than the respondent's. The respondent failed to establish how he acquired the plot. The tribunal erred by not properly considering the appellant's evidence and denying her right to be heard.
Court Disposition
appeal allowed
Orders
- Order of the trial tribunal requiring appellant to remove her home and return stones quashed and set aside
- Appeal allowed with costs
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