20120920 TZHC Dar es Salaam
The Ward Tribunal's measurement of the disputed land based on physical landmarks pointed out by both parties was not a reassignment of boundaries but a confirmation of the actual area involved. The appeal lacked merit as the Tribunal acted within its mandate and based its decision on evidence presented.
- Citation
- 20120920 TZHC Dar es Salaam
- Parties
- Appellant: Joseph Mwingira; Appellant: Wilson Mwingira; Respondent: Abdulmalik Issa Mnubi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 2012
- Procedural Posture
- Miscellaneous Land Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Boundary Dispute, Measurement of Land, Trespass
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Mwingira
Appellant
Wilson Mwingira
Appellant
Abdulmalik Issa Mnubi
Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment
Legal Issues
- 1 Whether the Ward Tribunal erred in extending the area in dispute from '38 x 45' to '53 x 52' without evidence
- 2 Whether the Tribunal reassigned boundaries without proper evidence
Ratio Decidendi
The Ward Tribunal's measurement of the disputed land based on physical landmarks pointed out by both parties was not a reassignment of boundaries but a confirmation of the actual area involved. The appeal lacked merit as the Tribunal acted within its mandate and based its decision on evidence presented.
Court Disposition
appeal dismissed
Orders
- appeal dismissed with costs
Full Case Text
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