hussein hamid another vs ibadi twahilu 2016 tzhc 2310 20 january 2016

hussein hamid another vs ibadi twahilu 2016 tzhc 2310 20 january 2016

The trial tribunal erred by disregarding assessors' unanimous opinion without giving reasons, contrary to Section 24 of the Land Disputes Courts Act. The evidence did not justify application of adverse possession, and the limitation period did not bar the appellants' claim as the cause of action arose in 2006 and the case was filed in 2011. The appellants are declared lawful owners of the disputed land.

Citation
hussein hamid another vs ibadi twahilu 2016 tzhc 2310 20 january 2016
Parties
Appellant: Hussein Hamid; Appellant: Mariam Hamid; Respondent: Ibadi Twahilu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 January 2016
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Ownership Dispute, Adverse Possession, Limitation Period, Estate Administration
Source Language
English
Land Law Ownership Dispute Adverse Possession Limitation Period Estate Administration

Case Brief

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Parties

Hussein Hamid

Appellant

Mariam Hamid

Appellant

Ibadi Twahilu

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the disputed land belongs to the respondent or forms part of the estate of the late Hamid
  2. 2 Whether the principle of adverse possession applies
  3. 3 Whether the claim is time barred

Ratio Decidendi

The trial tribunal erred by disregarding assessors' unanimous opinion without giving reasons, contrary to Section 24 of the Land Disputes Courts Act. The evidence did not justify application of adverse possession, and the limitation period did not bar the appellants' claim as the cause of action arose in 2006 and the case was filed in 2011. The appellants are declared lawful owners of the disputed land.

Court Disposition

appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal set aside
  • Appellants declared lawful owners of the disputed land