19910917 TZHC Dar es Salaam
The concurrent findings of fact by the trial and first appellate courts are sound and supported by evidence; the appellant failed to establish merit in her appeal.
Source-derived case information.
- Citation
- 19910917 TZHC Dar es Salaam
- Parties
- Appellant: Hawa Saidi; Respondent: Saidi Salumu Semkambi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 September 1991
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Land Dispute, Encroachment, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hawa Saidi
Appellant
Saidi Salumu Semkambi
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the respondent unlawfully encroached on the appellant's land
- 2 Whether the findings of the trial and first appellate courts were correct
Ratio Decidendi
The concurrent findings of fact by the trial and first appellate courts are sound and supported by evidence; the appellant failed to establish merit in her appeal.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- Judgment delivered
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF Tf:.NZi.Nill AT DAR ES S~L~LM (PO) CIVIL APPEAL NO. 66/<9GO From the.decision of th0 District Court of Tefileke at Dar es Salaam in Civil Appeal No. 25 0£ 1900. H.ii.WA IDDI ••••• ., •••••••••••••• A1) P.8LL.ilNT versus SAID Sll.LUMU SEMKAMBI ••••••••• RES?ONDENT JUDGMENT , RUDAMA,J: The pa"ties' to this suit are neighbours. ?..A-.V1l SAID, appellant/ plaintiff flaimed before Mbagala Primary Court, Temeke_District that SAIDI SALUM SENEKOivl:i3I had encroashed int.o h•r :.a:J.d. On a split decisibn• the two assessors held that she; li;iWA SAI:::>I haa. established her case. The trial· mc:.gistrate dissented. S...i.IDI SALUitI S.ti:N.8KOM.i3A successfully appealed to the District C::iurt ~f Teweke District at Kivukoni Front. HA.WA SAIDI has now appealed against that j'.ld _;iJent·. Both the trial and•first appellate co~rts have been to.view the. land in dispute. Having gone through the record and oonsider~d. the evidence on recortl and the grountj.s of appeal, I hold that the finding of faots by the learned trial magistrate which is upheld by the ~irst a;ipe_llate court is sound. The trial magistrt:.te gave reasons for the finding as did the first appellate court. T'.:is finding is borne out by the appellants, as well as respondent's ev:Ldence. The appeal is without me:rit and is aocordingly dismissed .nroGE 17/9/91 .... 17/9/91 Coram - RU.311.MA,J - Ap~ellant absent. Resp f prese-nt ~¼·~ JudgQent delivered. YAHYA RUjj'iJi!A JUDGE DAR ES SAL.4.tlM 17th Se.ptember,. 1991,,,