juma rajabu vs athmani iddy 2014 tzhclandd 30 6 march 2014

juma rajabu vs athmani iddy 2014 tzhclandd 30 6 march 2014

The appellant failed to provide any tangible evidence to support his claim of ownership or inheritance, and thus the findings of the lower tribunals could not be faulted.

Citation
juma rajabu vs athmani iddy 2014 tzhclandd 30 6 march 2014
Parties
Appellant: Juma Rajabu; Respondent: Athumani Iddi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 March 2014
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Title to Land, Inheritance, Invitee Rights, Burden of Proof
Source Language
English

Case Brief

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Parties

Juma Rajabu

Appellant

Athumani Iddi

Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the respondent and his late mother acquired title to the disputed land by cultivation and possession
  2. 2 Whether the respondent's mother was an invitee and thus could not acquire title
  3. 3 Whether the land should revert to the appellant's family estate after the death of the respondent's mother

Ratio Decidendi

The appellant failed to provide any tangible evidence to support his claim of ownership or inheritance, and thus the findings of the lower tribunals could not be faulted.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondent