john gowele vs simon r ndimbo 2013 tzhc 2151 8 october 2013

john gowele vs simon r ndimbo 2013 tzhc 2151 8 october 2013

The respondent's claim was barred by limitation as more than twelve years had elapsed since the appellant's occupation without effective challenge, thus the doctrine of adverse possession applied in favour of the appellant.

Citation
john gowele vs simon r ndimbo 2013 tzhc 2151 8 october 2013
Parties
Appellant: John Gowele; Respondent: Simon R. Ndimbo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 October 2013
Procedural Posture
Land Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Adverse Possession, Limitation of Actions, Land Ownership, Trespass
Source Language
English
Land Law Civil Procedure Adverse Possession Limitation of Actions Land Ownership Trespass

Case Brief

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Parties

John Gowele

Appellant

Simon R. Ndimbo

Respondent

Procedural Posture

Land Appeal / Second Appeal

Legal Issues

  1. 1 Whether the respondent's claim was barred by limitation under the Law of Limitation Act
  2. 2 Whether the doctrine of adverse possession applied in favour of the appellant
  3. 3 Whether the tribunals below erred in their findings regarding occupation and development of the suit land

Ratio Decidendi

The respondent's claim was barred by limitation as more than twelve years had elapsed since the appellant's occupation without effective challenge, thus the doctrine of adverse possession applied in favour of the appellant.

Court Disposition

appeal allowed

Orders

  • Decision of the Mbinga District Land and Housing Tribunal quashed
  • All orders from the tribunal set aside