fatuma usi luhemba vs musa abdala ngandule 2023 tzhc 18770 30 june 2023
The respondent failed to prove ownership of the suit land by credible evidence, and the Tribunal misapplied the standard of proof. The appellant's claim was more credible and supported by the evidence.
- Citation
- fatuma usi luhemba vs musa abdala ngandule 2023 tzhc 18770 30 june 2023
- Parties
- Appellant: Fatuma Usi Luhemba; Respondent: Musa Abdala Ngandule
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 June 2023
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Burden of Proof, Ownership Dispute, Customary Inheritance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Parties
Fatuma Usi Luhemba
Appellant
Musa Abdala Ngandule
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the respondent proved ownership of the suit land
- 2 Whether the Tribunal properly analyzed the evidence and applied the standard of proof
Ratio Decidendi
The respondent failed to prove ownership of the suit land by credible evidence, and the Tribunal misapplied the standard of proof. The appellant's claim was more credible and supported by the evidence.
Court Disposition
appeal allowed
Orders
- Judgment of the District Land and Housing Tribunal nullified
- All orders emanating from the Tribunal set aside
Full Case Text
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