hamada kaungu vs mathias mushuti 2018 tzhc 134 19 october 2018

hamada kaungu vs mathias mushuti 2018 tzhc 134 19 october 2018

The appeal was dismissed because non-joinder of the vendor was not fatal, the tribunal's failure to visit the land was not a sufficient ground to overturn the decision, the tribunal properly considered the evidence and witnesses, and the respondent established his claim of encroachment. However, the award of general damages was reduced due to lack of evidentiary basis and reasoning.

Citation
hamada kaungu vs mathias mushuti 2018 tzhc 134 19 october 2018
Parties
Appellant: Hamada Kaungu; Respondent: Mathias Mushuti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2018
Procedural Posture
Land Case Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Land Ownership, Encroachment, General Damages, Non Joinder of Parties, Evidentiary Standards
Source Language
English
Land Law Civil Procedure Land Ownership Encroachment General Damages Non Joinder of Parties Evidentiary Standards

Case Brief

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Parties

Hamada Kaungu

Appellant

Mathias Mushuti

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether non-joinder of the vendor as a party or witness invalidated the tribunal's decision
  2. 2 Whether failure to visit the locus in quo was fatal to the proceedings
  3. 3 Whether the tribunal erred in admitting or refusing evidence and witnesses

Ratio Decidendi

The appeal was dismissed because non-joinder of the vendor was not fatal, the tribunal's failure to visit the land was not a sufficient ground to overturn the decision, the tribunal properly considered the evidence and witnesses, and the respondent established his claim of encroachment. However, the award of general damages was reduced due to lack of evidentiary basis and reasoning.

Court Disposition

Appeal dismissed

Orders

  • All tribunal orders confirmed except general damages reduced to Tshs. 10,000,000/=
  • Costs to follow the event