20140701 TZHC Dodoma
The appellant failed to prove on the balance of probabilities that he leased the land to the respondents; the respondents' evidence of clearing and using the land since 1998 was credible and supported by witnesses, thus entitling them to ownership.
Source-derived case information.
- Citation
- 20140701 TZHC Dodoma
- Parties
- Appellant: Issa Mahaya; Respondent: Shabani Idd Omary & Another
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 July 2014
- Procedural Posture
- Land Appeal / Second Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Ownership of Land, Leasing of Land, Grazing Rights, Evidentiary Value of Documents
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Mahaya
Appellant
Shabani Idd Omary & Another
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant leased the disputed land to the respondents
- 2 Whether the respondents are lawful owners of the disputed land
- 3 Whether the District Land and Housing Tribunal erred in its reliance on documentary evidence
Ratio Decidendi
The appellant failed to prove on the balance of probabilities that he leased the land to the respondents; the respondents' evidence of clearing and using the land since 1998 was credible and supported by witnesses, thus entitling them to ownership.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Respondents declared lawful owners of the disputed land
Full Case Text
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