juma machemba vs ngwengweta nkunula 2012 tzhclandd 147 1 november 2012
The respondent is the lawful owner of the disputed land due to uninterrupted occupation exceeding twelve years and a written agreement confirming the transfer of ownership.
Source-derived case information.
- Citation
- juma machemba vs ngwengweta nkunula 2012 tzhclandd 147 1 november 2012
- Parties
- Appellant: Juma Machemba; Respondent: Ng'weng'weta Nkunula
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 November 2012
- Procedural Posture
- Land Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Adverse Possession, Family Land Disputes, Lawful Ownership
- Source Language
- english
Land Law Adverse Possession Family Land Disputes Lawful Ownership
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Parties
Juma Machemba
Appellant
Ng'weng'weta Nkunula
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 Whether the respondent is the lawful owner of the disputed land
- 2 Whether uninterrupted occupation for more than twelve years confers ownership
Ratio Decidendi
The respondent is the lawful owner of the disputed land due to uninterrupted occupation exceeding twelve years and a written agreement confirming the transfer of ownership.
Court Disposition
appeal dismissed
Orders
- No order as to costs
Full Case Text
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