gesero chacha kengwena vs sarah chacha obogo and 2 others 2022 tzhc 13487 30 september 2022

The appellant failed to prove ownership of the disputed land by evidence or proper description, and the evidence suggested abandonment of the land, with respondents in possession for a long period. The visit to the locus in quo did not prejudice the appellant as he participated. The appeal lacked merit and was dismissed.

Citation: gesero chacha kengwena vs sarah chacha obogo and 2 others 2022 tzhc 13487 30 september 2022
Parties: Appellant: Gesero Chacha Keng'wena; 1st Respondent: Sarah Chacha Obogo; 2nd Respondent: Chacha Chacha Obogo; 3rd Respondent: Ghati Chacha Obogo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 September 2022
Procedural Posture: Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal dismissed with costs
Legal Topics: Adverse Possession, Inheritance of Land, Locus in Quo Procedure, Burden of Proof, Description of Suit Land
Source Language: English

Land Law Adverse Possession Inheritance of Land Locus in Quo Procedure Burden of Proof Description of Suit Land

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Parties

Gesero Chacha Keng'wena

Appellant

Sarah Chacha Obogo

1st Respondent

Chacha Chacha Obogo

2nd Respondent

Ghati Chacha Obogo

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether the appellant proved ownership of the disputed land
2 Whether the trial tribunal erred in law and fact in its findings
3 Whether the visit to the locus in quo was prejudicial to the appellant

Ratio Decidendi

Court Disposition

Appeal dismissed with costs

Orders

Appeal dismissed
Costs awarded to respondents