20181217 TZHC Mwanza 2

20181217 TZHC Mwanza 2

The appellant's claim was time barred as the respondent had been in undisturbed occupation and use of the land since 1979, exceeding the twelve-year limitation period prescribed by law. The appellant failed to prove prior possession or a valid claim within the limitation period.

Citation
20181217 TZHC Mwanza 2
Parties
Appellant: Josephat Kamugumya; Respondent: Mariafidel Abel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 2018
Procedural Posture
Land Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Limitation of Actions, Burden of Proof
Source Language
English
Land Law Civil Procedure Adverse Possession Limitation of Actions Burden of Proof

Case Brief

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Parties

Josephat Kamugumya

Appellant

Mariafidel Abel

Respondent

Procedural Posture

Land Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant's claim to the disputed land was time barred under the Law of Limitation Act
  2. 2 Whether the respondent had acquired ownership by long and undisturbed possession
  3. 3 Whether the lower tribunals erred in their evaluation of evidence and application of the law

Ratio Decidendi

The appellant's claim was time barred as the respondent had been in undisturbed occupation and use of the land since 1979, exceeding the twelve-year limitation period prescribed by law. The appellant failed to prove prior possession or a valid claim within the limitation period.

Court Disposition

appeal dismissed

Orders

  • Each party to bear own costs