20160623 TZHC Mbeya

Appellant failed to prove ownership of the disputed land to the required standard; irregularity in cross-examination did not occasion failure of justice; tribunal's decision upheld.

Citation: 20160623 TZHC Mbeya
Parties: Appellant: Juvia Nguluvala; 1st Respondent: Ashura Nguluvala; 2nd Respondent: Jamil Hatibu; 3rd Respondent: Sadick Hatibu; 4th Respondent: Waziri Ngavera; 5th Respondent: Buruhani Hatibu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 June 2016
Procedural Posture: Land Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Ownership Dispute, Estate Distribution, Fair Hearing, Cross Examination
Source Language: English

Land Law Probate Ownership Dispute Estate Distribution Fair Hearing Cross Examination

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Parties

Juvia Nguluvala

Appellant

Ashura Nguluvala

1st Respondent

Jamil Hatibu

2nd Respondent

Sadick Hatibu

3rd Respondent

Waziri Ngavera

4th Respondent

Buruhani Hatibu

5th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether the disputed land is 40 acres or 66 acres and its location
2 Whether the appellant proved ownership of the suit land
3 Whether all respondents were properly joined as parties

Ratio Decidendi

Appellant failed to prove ownership of the disputed land to the required standard; irregularity in cross-examination did not occasion failure of justice; tribunal's decision upheld.

Court Disposition

appeal dismissed

Orders

District Land and Housing Tribunal decision upheld
No order as to costs