19770217 TZHC Mwanza

19770217 TZHC Mwanza

The evidence established that the appellant shifted the boundary, resulting in unlawful expansion of her land. Both lower courts found the appellant at fault, and the appellate court found no reason to overturn these findings.

Source-derived case information.

Citation
19770217 TZHC Mwanza
Parties
Appellant: Justina Olyeba; Respondent: Rutinwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 1977
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Boundary Disputes, Land Encroachment
Source Language
english
Property Law Boundary Disputes Land Encroachment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Justina Olyeba

Appellant

Rutinwa

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant unlawfully shifted the boundary between the shambas resulting in encroachment.

Ratio Decidendi

The evidence established that the appellant shifted the boundary, resulting in unlawful expansion of her land. Both lower courts found the appellant at fault, and the appellate court found no reason to overturn these findings.

Court Disposition

appeal dismissed

Orders

  • The Primary Court order to mark the correct boundaries is to be carried out immediately.
  • The appellant is to pay costs.