19760809 TZHC Bukoba

The claim is time-barred and it would be unjust to allow redemption after nearly 40 years, during which the land has changed hands and been continuously occupied by the respondents.

Citation: 19760809 TZHC Bukoba
Parties: Appellant: Francis Jinja; Respondent: Lazima Kobiliba; Respondent: Joseph Ntuba
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 August 1976
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Redemption of Land, Limitation of Actions, Sale and Inheritance of Land
Source Language: English

Property Law Redemption of Land Limitation of Actions Sale and Inheritance of Land

Case Brief

Summary, issues, holding and outcome

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Parties

Francis Jinja

Appellant

Lazima Kobiliba

Respondent

Joseph Ntuba

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the appellant is entitled to redeem the shamba after nearly 40 years
2 Whether the claim is time-barred
3 Whether the original transaction was a sale or a pledge

Ratio Decidendi

The claim is time-barred and it would be unjust to allow redemption after nearly 40 years, during which the land has changed hands and been continuously occupied by the respondents.

Court Disposition

appeal dismissed

Orders

Appellant to pay costs of this appeal and those awarded by the district court.