19931130 TZHC Dar es Salaam

19931130 TZHC Dar es Salaam

The concurrent findings of the trial and first appellate courts established that the grant of land was made so the respondents could build houses without any condition that the appellant could reclaim the land at will. The absence of protest for over ten years supports the conclusion that the grant was permanent.

Citation
19931130 TZHC Dar es Salaam
Parties
Appellant: Kamao Kimani; Respondent: First Respondent; Respondent: Second Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 1993
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Disposition of Land, Rights of Occupancy, Customary Land Rights
Source Language
English
Land Law Disposition of Land Rights of Occupancy Customary Land Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Kamao Kimani

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondents were given the plots for a temporary or permanent purpose
  2. 2 Whether the appellant can reclaim the land after respondents built houses

Ratio Decidendi

The concurrent findings of the trial and first appellate courts established that the grant of land was made so the respondents could build houses without any condition that the appellant could reclaim the land at will. The absence of protest for over ten years supports the conclusion that the grant was permanent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to the respondents.