josephat utenga vs patrick utenga and another 2023 tzhc 23431 3 november 2023

josephat utenga vs patrick utenga and another 2023 tzhc 23431 3 november 2023

The dispute is resolved by consent of the parties, with the appellant receiving alternative land and relinquishing claims to the disputed land, and the 2nd respondent recognized as the rightful owner.

Citation
josephat utenga vs patrick utenga and another 2023 tzhc 23431 3 november 2023
Parties
Appellant: Josephat Utenga; 1st Respondent: Patrick Utenga; 2nd Respondent: Auleria Kindole
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 November 2023
Procedural Posture
Land Appeal / Consent Judgment
Outcome
Settled by consent; previous tribunal decision quashed and set aside.
Legal Topics
Settlement, Land Ownership, Title Registration
Source Language
English
Land Law Settlement Land Ownership Title Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Josephat Utenga

Appellant

Patrick Utenga

1st Respondent

Auleria Kindole

2nd Respondent

Procedural Posture

Land Appeal / Consent Judgment

Legal Issues

  1. 1 Entitlement to disputed land
  2. 2 Settlement terms between parties
  3. 3 Registration of alternative land

Ratio Decidendi

The dispute is resolved by consent of the parties, with the appellant receiving alternative land and relinquishing claims to the disputed land, and the 2nd respondent recognized as the rightful owner.

Court Disposition

Settled by consent; previous tribunal decision quashed and set aside.

Orders

  • 1st respondent to provide alternative land to appellant as specified.
  • Appellant to survey and register alternative land in his name with 1st respondent's consent to amend title deed.