20171208 TZHC Mwanza

20171208 TZHC Mwanza

The appellant's claim was time barred as the respondent and his predecessors had been in uninterrupted occupation of the disputed land since 1998, exceeding the 12-year limitation period. The respondent acquired title by adverse possession. The appeal was devoid of merit and dismissed with costs.

Source-derived case information.

Citation
20171208 TZHC Mwanza
Parties
Appellant: Jonathan Tito Chinuno; Respondent: Mafwimbo Ebunda Kuleba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2017
Procedural Posture
Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Locus Standi, Appellate Procedure
Source Language
english
Land Law Civil Procedure Adverse Possession Limitation of Actions Locus Standi Appellate Procedure

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Parties

Jonathan Tito Chinuno

Appellant

Mafwimbo Ebunda Kuleba

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellant's claim was time barred under the applicable limitation law
  2. 2 Whether the respondent acquired title by adverse possession
  3. 3 Whether the appellant had locus standi to institute the proceedings

Ratio Decidendi

The appellant's claim was time barred as the respondent and his predecessors had been in uninterrupted occupation of the disputed land since 1998, exceeding the 12-year limitation period. The respondent acquired title by adverse possession. The appeal was devoid of merit and dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs to the respondent