NA TZHC Dar es Salaam2 2

The respondent's alleged admission is irreconcilable with his persistent denial throughout the proceedings; therefore, the District Court's decision to overturn the Primary Court's finding is upheld.

Citation: NA TZHC Dar es Salaam2 2
Parties: Appellant: Hamisi Mohamed; Respondent: Haliod S. Mfaumr
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 January 1996
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Communal Pathway, Obstruction, Appeal Procedure
Source Language: English

Property Law Communal Pathway Obstruction Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Hamisi Mohamed

Appellant

Haliod S. Mfaumr

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the respondent blocked a communal pathway
2 Whether the District Court was justified in overturning the Primary Court's finding

Ratio Decidendi

The respondent's alleged admission is irreconcilable with his persistent denial throughout the proceedings; therefore, the District Court's decision to overturn the Primary Court's finding is upheld.

Court Disposition

appeal dismissed