20171204 TZHC Mwanza

20171204 TZHC Mwanza

The appellant proved ownership of the suit land on a balance of probabilities with documentary evidence and boundary demarcation; the appellate tribunal erred in law by introducing and deciding on an issue not raised or contested, and its finding that the land was an open space was unsupported by evidence.

Citation
20171204 TZHC Mwanza
Parties
Appellant: Geofrey M. Sembe; Respondent: Mary Mwinura Malamba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2017
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Ownership, Trespass, Boundaries, Title Deed, Open Space Determination
Source Language
English

Case Brief

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Parties

Geofrey M. Sembe

Appellant

Mary Mwinura Malamba

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Second Appeal

  1. 1 Whether the appellant is the lawful owner of the suit land
  2. 2 Whether the appellate tribunal erred in law and fact by failing to analyze and evaluate the appellant's testimony and documentary evidence
  3. 3 Whether the appellate tribunal was biased by not commenting on boundary beacon coordinates

Ratio Decidendi

The appellant proved ownership of the suit land on a balance of probabilities with documentary evidence and boundary demarcation; the appellate tribunal erred in law by introducing and deciding on an issue not raised or contested, and its finding that the land was an open space was unsupported by evidence.

Court Disposition

appeal allowed

Orders

  • District Land and Housing Tribunal decision quashed and set aside
  • Kirumba Ward Tribunal decision upheld