hussein mkumba vs tanga village government council and 2 others 2020 tzhclandd 2289 7 september 2020

hussein mkumba vs tanga village government council and 2 others 2020 tzhclandd 2289 7 september 2020

The appellant's evidence of application, payment, and allocation was more probable than the respondents' unsubstantiated claims. The tribunal's finding was unwarranted; the appellant is declared lawful owner.

Citation
hussein mkumba vs tanga village government council and 2 others 2020 tzhclandd 2289 7 september 2020
Parties
Appellant: Hussein Mkumba; 1st Respondent: Tanga Village Government Council; 2nd Respondent: Thomas Lidamka; 3rd Respondent: Donati Kyovecho
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 September 2020
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Allocation of Land, Ownership Dispute, Procedural Compliance
Source Language
English

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Parties

Hussein Mkumba

Appellant

Tanga Village Government Council

1st Respondent

Thomas Lidamka

2nd Respondent

Donati Kyovecho

3rd Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the appellant was lawfully allocated the disputed land
  2. 2 Whether the tribunal erred in awarding ownership to the 2nd respondent
  3. 3 Whether payment for social development was made and acknowledged

Ratio Decidendi

The appellant's evidence of application, payment, and allocation was more probable than the respondents' unsubstantiated claims. The tribunal's finding was unwarranted; the appellant is declared lawful owner.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of tribunal set aside
  • Appellant declared lawful owner of the suitland