hamidu mrisho vs tabora municipal council 2014 tzhc 2111 5 may 2014

hamidu mrisho vs tabora municipal council 2014 tzhc 2111 5 may 2014

The appellant failed to tender any admissible documentary evidence proving allocation of the disputed plot; therefore, no right to the plot was established and the trial was vitiated by lack of evidence.

Citation
hamidu mrisho vs tabora municipal council 2014 tzhc 2111 5 may 2014
Parties
Appellant: Hamidu Mrisho; Respondent: Tabora Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2014
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal allowed; proceedings nullified; decision quashed and orders set aside
Legal Topics
Allocation of Land, Documentary Evidence, Successor Liability, Burden of Proof
Source Language
English
Land Law Allocation of Land Documentary Evidence Successor Liability Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Hamidu Mrisho

Appellant

Tabora Municipal Council

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was duly allocated the disputed plot
  2. 2 Whether the appellant provided sufficient documentary evidence of allocation

Ratio Decidendi

The appellant failed to tender any admissible documentary evidence proving allocation of the disputed plot; therefore, no right to the plot was established and the trial was vitiated by lack of evidence.

Court Disposition

appeal allowed; proceedings nullified; decision quashed and orders set aside

Orders

  • Proceedings from the prosecution case onwards are nullified
  • Impugned decision is quashed