19851207 TZHC Dar es Salaam3
The respondent/plaintiff established, on the balance of probabilities, that the disputed land belonged to him, supported by multiple witnesses and physical boundary markers, while the appellant's evidence was less credible and inconsistent.
- Citation
- 19851207 TZHC Dar es Salaam3
- Parties
- Appellant: Issa Rashed; Respondent: Tufauti Ally
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 1985
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Land Dispute, Boundary Determination, Inheritance of Land
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Issa Rashed
Appellant
Tufauti Ally
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant unlawfully encroached and took part of the respondent's land
- 2 Whether the respondent established ownership of the disputed land on the balance of probabilities
Ratio Decidendi
The respondent/plaintiff established, on the balance of probabilities, that the disputed land belonged to him, supported by multiple witnesses and physical boundary markers, while the appellant's evidence was less credible and inconsistent.
Court Disposition
appeal dismissed
Orders
- Appeal is dismissed with costs to the respondent.
Full Case Text
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