james mwangolombe vs hadson mwaitebele 2015 tzhc 2301 8 september 2015
The appeal is time barred as the respondent had been in possession for over 12 years and the appellant delayed unreasonably. The appellant also lacked locus standi as he was not the administrator of his late father's estate.
- Citation
- james mwangolombe vs hadson mwaitebele 2015 tzhc 2301 8 september 2015
- Parties
- Appellant: James Mwangolombe; Respondent: Hadson Mwaitebele
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 September 2015
- Procedural Posture
- Miscellaneous Land Case Appeal / Appeal From District Land and Housing Tribunal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Limitation of Actions, Locus Standi, Adverse Possession
- Source Language
- English
Case Brief
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Parties
James Mwangolombe
Appellant
Hadson Mwaitebele
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Appeal From District Land and Housing Tribunal Decision
Legal Issues
- 1 Whether the appeal is time barred under the Law of Limitation Act
- 2 Whether the appellant has locus standi to institute the suit
Ratio Decidendi
The appeal is time barred as the respondent had been in possession for over 12 years and the appellant delayed unreasonably. The appellant also lacked locus standi as he was not the administrator of his late father's estate.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
- Right of appeal to the Court of Appeal of Tanzania explained
Full Case Text
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