gideon mremo agudio vs mwita marwa insachu and another 2020 tzhc 4621 18 december 2020

gideon mremo agudio vs mwita marwa insachu and another 2020 tzhc 4621 18 december 2020

The appeal was dismissed because the concurrent findings of the ward and appellate tribunals were supported by the evidence, the tribunal's composition and decision-making complied with the law, the issue of legal representation was not raised at the lower tribunals and was irrelevant, and the disputes between the appellant's brother and the first respondent were distinct from the present dispute.

Citation
gideon mremo agudio vs mwita marwa insachu and another 2020 tzhc 4621 18 december 2020
Parties
Appellant: Gideon Mremo Agudio; 1st Respondent: Mwita Marwa Isanchu; 2nd Respondent: Owigo Alang'thondoe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2020
Procedural Posture
Miscellaneous Land Appeal / Second Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal
Outcome
Appeal dismissed
Legal Topics
Land Ownership, Inheritance, Trespass, Tribunal Procedure, Appeals
Source Language
English
Land Law Land Ownership Inheritance Trespass Tribunal Procedure Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Gideon Mremo Agudio

Appellant

Mwita Marwa Isanchu

1st Respondent

Owigo Alang'thondoe

2nd Respondent

Procedural Posture

Miscellaneous Land Appeal / Second Appeal From District Land and Housing Tribunal, Originating From Ward Tribunal

Legal Issues

  1. 1 Whether the trial tribunal failed to consider the circumstances and evaluate the appellant's evidence
  2. 2 Whether the tribunal failed to consider that some members did not give opinion
  3. 3 Whether the first appellate tribunal erred in not finding that the first respondent did not legally inherit the disputed land

Ratio Decidendi

The appeal was dismissed because the concurrent findings of the ward and appellate tribunals were supported by the evidence, the tribunal's composition and decision-making complied with the law, the issue of legal representation was not raised at the lower tribunals and was irrelevant, and the disputes between the appellant's brother and the first respondent were distinct from the present dispute.

Court Disposition

Appeal dismissed

Orders

  • Decision of both tribunals upheld
  • Appellant failed to establish his case