20150327 TZHC Iringa

20150327 TZHC Iringa

The evidence established that the suit land was lawfully sold to the respondent's late husband by the original owner, and the subsequent sale to the appellant was illegal and fraudulent. The procedural complaints raised by the appellant were unfounded, and there was no reason to interfere with the concurrent...

Source-derived case information.

Citation
20150327 TZHC Iringa
Parties
Appellant: Ibrahim S/O Mloge; Respondent: Veronica Kiulamagulu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 2015
Procedural Posture
Land Case Appeal / Second Appeal Before High Court
Outcome
appeal dismissed with costs
Legal Topics
Title to Land, Sale of Land, Fraudulent Sale, Procedural Irregularities, Role of Assessors
Source Language
english
Land Law Title to Land Sale of Land Fraudulent Sale Procedural Irregularities Role of Assessors

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Summary, issues, holding and outcome

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Parties

Ibrahim S/O Mloge

Appellant

Veronica Kiulamagulu

Respondent

Procedural Posture

Land Case Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether failure to record assessors' opinions in Ward Tribunal proceedings was fatal to the judgment
  2. 2 Whether the District Land and Housing Tribunal erred in accepting respondent's evidence without a sale document
  3. 3 Whether the appellant was denied the opportunity to call witnesses

Ratio Decidendi

The evidence established that the suit land was lawfully sold to the respondent's late husband by the original owner, and the subsequent sale to the appellant was illegal and fraudulent. The procedural complaints raised by the appellant were unfounded, and there was no reason to interfere with the concurrent findings of the lower tribunals.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Respondent's rights to the land confirmed