karego mbeho vs machazo village council and 2 others 2023 tzhc 23654 6 december 2023

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

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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

  1. 1 Whether the plaintiff is the rightful owner of the suit land measured 2049 meters of circumference or 33 acres.
  2. 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.