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
Summary, issues, holding and outcome
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Parties
Geofrey M. Sembe
Appellant
Mary Mwinura Malamba
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Second Appeal
Legal Issues
- 1 Whether the appellant is the lawful owner of the suit land
- 2 Whether the appellate tribunal erred in law and fact by failing to analyze and evaluate the appellant's testimony and documentary evidence
- 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
Full Case Text
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