19710510 TZHC Mwanza7

The tree grew on the boundary and neither party proved exclusive ownership or planting; therefore, equitable sharing as ordered by the primary court is just.

Citation: 19710510 TZHC Mwanza7
Parties: Appellant: Joseph Yohane; Respondent: Gervas Ishengoma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 May 1971
Procedural Posture: Civil Appeal / Appellate
Outcome: appeal allowed
Legal Topics: Ownership of Trees, Boundary Disputes, Division of Property
Source Language: English

Property Law Ownership of Trees Boundary Disputes Division of Property

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Yohane

Appellant

Gervas Ishengoma

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

1 Whether the appellant is entitled to a share of the tree growing on the boundary between the parties' shambas

Ratio Decidendi

The tree grew on the boundary and neither party proved exclusive ownership or planting; therefore, equitable sharing as ordered by the primary court is just.

Court Disposition

appeal allowed

Orders

District Court judgment set aside
Primary Court judgment reinstated in full