kassim abdallah vs apolinary tarimo and others 2021 tzhclandd 112 12 march 2021

kassim abdallah vs apolinary tarimo and others 2021 tzhclandd 112 12 march 2021

The appellant's evidence, including allocation letter and corroborating witnesses, was more credible and established ownership of the disputed land, while the respondents failed to prove lawful acquisition or the size of land sold; thus, the appellant is declared the lawful owner and the respondents are trespassers.

Citation
kassim abdallah vs apolinary tarimo and others 2021 tzhclandd 112 12 march 2021
Parties
Appellant: Kassim Abdallah; 1st Respondent: Apolinary S. Tarimo; 2nd Respondent: Han Qing Ge; 3rd Respondent: Ramadhani Shauri
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 March 2021
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Ownership of Land, Trespass, Jurisdiction, Evidence Assessment, Fraud in Land Transactions
Source Language
English
Land Law Ownership of Land Trespass Jurisdiction Evidence Assessment Fraud in Land Transactions

Case Brief

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Parties

Kassim Abdallah

Appellant

Apolinary S. Tarimo

1st Respondent

Han Qing Ge

2nd Respondent

Ramadhani Shauri

3rd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant proved ownership of the disputed land
  2. 2 Whether the respondents lawfully acquired the land
  3. 3 Whether the trial tribunal erred in its assessment of evidence and jurisdiction

Ratio Decidendi

The appellant's evidence, including allocation letter and corroborating witnesses, was more credible and established ownership of the disputed land, while the respondents failed to prove lawful acquisition or the size of land sold; thus, the appellant is declared the lawful owner and the respondents are trespassers.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the trial tribunal reversed
  • Appellant declared lawful owner of the disputed land