ikizu secondary school vs sarawe village council 2018 tzca 387 13 december 2018

The appellant failed to prove on the balance of probabilities that it was allocated 300 acres of land in 1974; documentary and oral evidence did not establish the claimed allocation or ownership.

Citation: ikizu secondary school vs sarawe village council 2018 tzca 387 13 december 2018
Parties: Appellant: Ikizu Secondary School; Respondent: Sarawe Village Council
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 13 December 2018
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Burden of Proof, Ownership of Land, Preliminary Objection, Standard of Proof, Compensation for Damages
Source Language: English

Land Law Civil Procedure Burden of Proof Ownership of Land Preliminary Objection Standard of Proof Compensation for Damages

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Ikizu Secondary School

Appellant

Sarawe Village Council

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant was allocated a plot of land measuring 300 acres
2 Whether the respondent encroached on the appellant's land
3 Whether the appellant suffered damages as claimed

Ratio Decidendi

The appellant failed to prove on the balance of probabilities that it was allocated 300 acres of land in 1974; documentary and oral evidence did not establish the claimed allocation or ownership.

Court Disposition

appeal dismissed

Orders

Respondent awarded costs