fred juma vs melenia kwigize another 2016 tzhc 2262 19 april 2016

fred juma vs melenia kwigize another 2016 tzhc 2262 19 april 2016

The appellant's evidence regarding prior allocation and occupation of the land was more credible and probable than the respondents', whose evidence was contradictory and unsupported by necessary documentation. The DLHT was not justified in reversing the trial tribunal's decision.

Citation
fred juma vs melenia kwigize another 2016 tzhc 2262 19 april 2016
Parties
Appellant: Fred Juma; 1st Respondent: Melenia Kwigize; 2nd Respondent: Family Maulid
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 April 2016
Procedural Posture
Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Land Ownership, Allocation of Land, Right of Occupancy, Evidentiary Standards
Source Language
English
Land Law Land Ownership Allocation of Land Right of Occupancy Evidentiary Standards

Case Brief

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Parties

Fred Juma

Appellant

Melenia Kwigize

1st Respondent

Family Maulid

2nd Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal Decision

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal was justified in reversing the trial tribunal's decision and declaring the first respondent the lawful owner of the disputed land
  2. 2 Whether the appellant's evidence was more probable than that of the respondents

Ratio Decidendi

The appellant's evidence regarding prior allocation and occupation of the land was more credible and probable than the respondents', whose evidence was contradictory and unsupported by necessary documentation. The DLHT was not justified in reversing the trial tribunal's decision.

Court Disposition

Appeal allowed

Orders

  • Judgment of the District Land and Housing Tribunal set aside
  • Judgment of the trial tribunal reinstated