19940120 TZHC Dar es Salaam
The respondent did not acquire title to the land as he purchased it from someone without title, and the period of continuous possession was only eleven years, not the twelve years required by law for limitation to apply.
- Citation
- 19940120 TZHC Dar es Salaam
- Parties
- Appellant: Hassan Haji; Respondent: Daniel Kanyelele
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 January 1994
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Limitation Period, Title to Land, Adverse Possession
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hassan Haji
Appellant
Daniel Kanyelele
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the respondent acquired title to the disputed land by purchase or by continuous possession for the requisite period under customary law
- 2 Whether the limitation period for recovery of land had expired
Ratio Decidendi
The respondent did not acquire title to the land as he purchased it from someone without title, and the period of continuous possession was only eleven years, not the twelve years required by law for limitation to apply.
Court Disposition
appeal allowed
Orders
- Decision of the Primary Court of Turiani restored
- Costs awarded to the appellant
Full Case Text
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