ismail njaa vs rehema mahamud ramadhani administrator of estates of the late udugu mashaka sultani 5 others 2021 tzhclandd 6840 15 december 2021

ismail njaa vs rehema mahamud ramadhani administrator of estates of the late udugu mashaka sultani 5 others 2021 tzhclandd 6840 15 december 2021

The trial tribunal properly evaluated the evidence, correctly identified the suit land through site visitation, and DW1's testimony was not reversed but supported the 1st respondent's claim; thus, the appeal lacked merit.

Citation
ismail njaa vs rehema mahamud ramadhani administrator of estates of the late udugu mashaka sultani 5 others 2021 tzhclandd 6840 15 december 2021
Parties
Appellant: Ismail Njaa; 1st Respondent: Rehema Mahamamud Ramadhani (As an Administratrix of the Estate of the late Udugu Mashaka Sultan); 2nd Respondent: Ramadhani Mashaka; 3rd Respondent: Ashura Selemani; 4th Respondent: Rajabu Ramadhani; 5th Respondent: Zainabu Yakubu Luangaza; 6th Respondent: Abdul Shukuru Kujuna
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 December 2021
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Ownership of Land, Identification of Suit Property, Evaluation of Evidence, Administration of Estates, Trespass
Source Language
English
Land Law Ownership of Land Identification of Suit Property Evaluation of Evidence Administration of Estates Trespass

Case Brief

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Parties

Ismail Njaa

Appellant

Rehema Mahamamud Ramadhani (As an Administratrix of the Estate of the late Udugu Mashaka Sultan)

1st Respondent

Ramadhani Mashaka

2nd Respondent

Ashura Selemani

3rd Respondent

Rajabu Ramadhani

4th Respondent

Zainabu Yakubu Luangaza

5th Respondent

Abdul Shukuru Kujuna

6th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the trial tribunal erred in reversing the testimony of Ramadhani Mashaka (DW1)
  2. 2 Whether the trial tribunal failed to properly identify the suit property
  3. 3 Whether the trial tribunal failed to properly evaluate the evidence and wrongly declared the 1st respondent the rightful owner

Ratio Decidendi

The trial tribunal properly evaluated the evidence, correctly identified the suit land through site visitation, and DW1's testimony was not reversed but supported the 1st respondent's claim; thus, the appeal lacked merit.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Decision and orders of the trial tribunal upheld