karibu kesho vs said hatibu 1992 tzhc 67 26 june 1992
The evidence supported the finding that the disputed land belonged to the respondent, and the appellant's assertions regarding witness credibility were not supported by the record.
Source-derived case information.
- Citation
- karibu kesho vs said hatibu 1992 tzhc 67 26 june 1992
- Parties
- Appellant: Kahibu Kesho; Respondent: Saidi Hatibu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 June 1992
- Procedural Posture
- PC Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Land Dispute, Encroachment, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kahibu Kesho
Appellant
Saidi Hatibu
Respondent
Procedural Posture
PC Civil Appeal / Second Appeal
Legal Issues
- 1 Whether Kahibu Kesho unlawfully encroached on Saidi Hatibu's land
- 2 Whether the findings of the trial and first appellate courts were correct
Ratio Decidendi
The evidence supported the finding that the disputed land belonged to the respondent, and the appellant's assertions regarding witness credibility were not supported by the record.
Court Disposition
appeal dismissed
Orders
- decision of trial court confirmed
- appellant ordered to vacate the land within one month
Full Case Text
Judgment text and source record
1 paragraphs
IN SHE 111(31 COURT OF TANZANIA AT PAR ES SALAAM PC CIVIL APPEAL NO. 40 OP 1991 KAHIBtJ IQDSHO v APPELLANT versus SAID IIA'TIHJ. RESPONDENT JUDGMENT, RUBAMA« J 8— This i s a second, appeal by KAilUJU Z3SI0 again; t co n cu rren t f in d in g of f a c t by th e Teneke Primary Court, Teneke D i s tr i c t and the D i s t r i c t Court o f Tencko D i s tr i c t s i t t i n g a t Eivukoni Ulront t h a t hoj ICARIBU KESIIO had encroached in to th e lan d of th e respondent, SAIDI HATIBdr Having gone through the reco rd of th e proceedings a t th e t r i a l and f i r s t a p p e lla te c o u rt and considered th e grounds o f appeal, I f in d r.'VT'self i n f u l l agreement w ith the judgment of the t r i a l c o a rt which was uph eld by th e f i r s t a p p e lla te c o u r t , * The t r i a l c o u rt very p ro p erly and i n very adm irable d e t a i l considered the evidence of b o ta p a r t ie s to th e c o n f lic t i n rea c h in g the d e c isio n th a t the land i n d isp u te belonged to th e respondent* Dae a p p e lla n t's a s s e r tio n in h is seooncl ground o f appeal t h a t MCEMEID SAIDI MFUNDO (RT2) was n o t a tr u t h f u l 'f itn e s s as ho was no le ad e r of th e a re a and th a t SELZ21AIII A'HIJHAHI (FJ3) -'JLd n o t know th e h is to r y of th e a re a i s n o t supported by the evidence on record* Both FJ2 and HO deposed on th e f a c ts i m e d ia te ly r e le v a n t to the n a t t e r i n is s u e i«e* t h a t th e lan d i n d isp u te belonged to th e respondent, The a s s e r tio n s o f th e respondent now ore n o t supported by the evidence on record# I d is n is s th e appeal w ith costs* The d e c is io n o f th e t r i a l o o u rt which was uphold by the f i r s t a p p e lla te c o u rt i s hereby confirmed* I t i s hereby ordered t h a t the a p p e lla n t v acate the lan d he ic: u n law fu lly oocupying w ith in a p e rio d of one nonth from the day of giving o f t h i s judgment* ~ YAUTA liUBAM JUDGE 26/ 6/92 Corani Rubaaa, J* P a r tie s p re se n t \ Judgment deliv ered * taijja n u a m '' JUDGE 26/ 6/ 92*