19740205 TZHC Arusha
Both lower courts correctly found, based on the evidence and the assessors' views, that it was improbable for a 12-year-old to be allocated 30 acres by the Halmashauri, and there was no basis to disturb those findings.
Source-derived case information.
- Citation
- 19740205 TZHC Arusha
- Parties
- Appellant: John Gwandu; Respondent: Nselli Ngemwanga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 February 1974
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Land Allocation, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Gwandu
Appellant
Nselli Ngemwanga
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was rightfully allocated 30 acres of land as claimed
- 2 Whether the lower courts erred in their findings regarding the allocation of land to a minor
Ratio Decidendi
Both lower courts correctly found, based on the evidence and the assessors' views, that it was improbable for a 12-year-old to be allocated 30 acres by the Halmashauri, and there was no basis to disturb those findings.
Court Disposition
appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
1 LI IN THE HIGH COURT OF TANZANIA AT ARUSHA - (PC) CIVIL APPEAL NO 23 OF 1973 (From original Civil Appeal No0 20 of 1972 of the District Court of Hanang District at Babati)0 - JOHN GWANDU 0 0 0 0 0 0 0 0 0 0 APPELLAJ'JT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (Original Plaintiff/Appellant) versus LI ]\NSELLIMGEMWANG00000000000000000000 RESPONr)ENT (Original Defendant/Respondent) J U D G M E N T Mushi SRM0, -' • This is a second appeal by the appellant John0 The appellant filed a suit in the Primary Court against the respondent claiming .a parcel of..land0 The appellant lost the suit and also on appeal he lost0 He has come to this court to try his chance again0 The appellant told the trial court that he had been given 30 acres of land when he was 12 years and since then he has cultivated about 20 lacres. The respondent said that he was allocated the land in 1969- The assessors unanimously disbelieved the appellant finding it sdmewhat unusual for a 12 year old child to be allocated 30 acres by the Halmashauri 0 I am satisfied that both courts below cameto the right conclusion in the light of available evidence and I see no ground to interfere0 The appeal is accordingly dismissed0 S. — ARUSHA: 5/2/74 (N0 M. MUSHI)/ SENIOR RESIDENT NASTRATE (E±teded 'Juthsict±br) 4 • d • •• 1••• • •40