20160905 TZHC Mwanza

20160905 TZHC Mwanza

The appellant failed to prove pending cases that would interrupt limitation; respondents established possession for over 20 years, making the claim time barred under the Law of Limitation. Oral evidence was sufficient to prove long-term possession.

Citation
20160905 TZHC Mwanza
Parties
Appellant: Hussein Ramadhani Feruzi; Respondent: Sumbu Fuko; Respondent: Maadula Mussa; Respondent: Busiga Ludema; Respondent: Katengezu Mabili
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 2016
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Limitation of Actions, Adverse Possession, Procedural Fairness, Burden of Proof
Source Language
English
Land Law Civil Procedure Limitation of Actions Adverse Possession Procedural Fairness Burden of Proof

Case Brief

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Parties

Hussein Ramadhani Feruzi

Appellant

Sumbu Fuko

Respondent

Maadula Mussa

Respondent

Busiga Ludema

Respondent

Katengezu Mabili

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial tribunal erred in dismissing the appellant's claim as time barred
  2. 2 Whether the respondents were denied an opportunity to defend
  3. 3 Whether failure to visit locus in quo was a material error

Ratio Decidendi

The appellant failed to prove pending cases that would interrupt limitation; respondents established possession for over 20 years, making the claim time barred under the Law of Limitation. Oral evidence was sufficient to prove long-term possession.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents