4
Appellant proved ownership and trespass through documentary evidence and locus in quo; respondents failed to establish legitimate claim or contradict appellant's evidence; DLHT decision was unsupported and is set aside.
- Citation
- 4
- Parties
- Appellant: Godlisten Marko Mbise; 1st Respondent: Elina Nkulungu; 2nd Respondent: Athumani Miyoya
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2024
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Ownership, Trespass, Pleadings, Compensation, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Godlisten Marko Mbise
Appellant
Elina Nkulungu
1st Respondent
Athumani Miyoya
2nd Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the District Land and Housing Tribunal erred by deciding on compensation not pleaded
- 2 Whether the Tribunal improperly framed new issues without hearing parties
- 3 Whether the appellant proved ownership and trespass
Ratio Decidendi
Appellant proved ownership and trespass through documentary evidence and locus in quo; respondents failed to establish legitimate claim or contradict appellant's evidence; DLHT decision was unsupported and is set aside.
Court Disposition
appeal allowed
Orders
- decision of District Land and Housing Tribunal quashed and set aside
- no order as to costs
Full Case Text
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