fransic sayango vs rissasy am rissasy 2023 tzhc 22404 7 november 2023

fransic sayango vs rissasy am rissasy 2023 tzhc 22404 7 november 2023

The suit was not time barred as the cause of action accrued in 2015 or 2018; documentary evidence was disregarded for not being read out; oral evidence established respondent's ownership; contradictions in appellant's evidence undermined his claim; procedural irregularities did not prejudice appellant.

Source-derived case information.

Citation
fransic sayango vs rissasy am rissasy 2023 tzhc 22404 7 november 2023
Parties
Appellant: Fransic Sayango; Respondent: Rissasya.M Rissasy
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2023
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Limitation of Actions, Burden of Proof, Admissibility of Evidence, Fair Hearing
Source Language
english
Land Law Civil Procedure Limitation of Actions Burden of Proof Admissibility of Evidence Fair Hearing

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Parties

Fransic Sayango

Appellant

Rissasya.M Rissasy

Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the suit was time barred
  2. 2 Whether the respondent proved ownership of the suit land
  3. 3 Whether documentary evidence was properly admitted and considered

Ratio Decidendi

The suit was not time barred as the cause of action accrued in 2015 or 2018; documentary evidence was disregarded for not being read out; oral evidence established respondent's ownership; contradictions in appellant's evidence undermined his claim; procedural irregularities did not prejudice appellant.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Respondent awarded costs