karego mbeho vs machazo village council and 2 others 2023 tzhc 23654 6 december 2023
The plaintiff failed to prove ownership of the entire 33 acres but established entitlement to 2049 square metres based on available evidence; the remainder of the land remains unproven as to ownership.
- Citation
- karego mbeho vs machazo village council and 2 others 2023 tzhc 23654 6 december 2023
- Parties
- Plaintiff: Karego Mbeho; 1st Respondent: Machazo Village Council; 2nd Respondent: Kigoma District Council; 3rd Respondent: Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 December 2023
- Procedural Posture
- Land Case / Judgment
- Outcome
- partly in favour of plaintiff
- Legal Topics
- Ownership of Land, Forest Reserve, Burden of Proof, Compensation for Land
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Karego Mbeho
Plaintiff
Machazo Village Council
1st Respondent
Kigoma District Council
2nd Respondent
Attorney General
3rd Respondent
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the rightful owner of the suit land measured 2049 meters of circumference or 33 acres.
- 2 What reliefs are the parties entitled to?
Ratio Decidendi
The plaintiff failed to prove ownership of the entire 33 acres but established entitlement to 2049 square metres based on available evidence; the remainder of the land remains unproven as to ownership.
Court Disposition
partly in favour of plaintiff
Orders
- Judgment entered for the plaintiff for land measuring 2049 square metres.
- No order as to costs; each party to bear its own costs.
Full Case Text
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