kassim kitisa vs salum pembe 2015 tzhc 2151 14 december 2015

The Primary Court's decision, based on direct evidence and a site visit, correctly determined the appellant's entitlement to more than 1/4 of an acre; the District Court erred in reversing this finding.

Citation: kassim kitisa vs salum pembe 2015 tzhc 2151 14 december 2015
Parties: Appellant: Kassim Kitisa; Respondent: Salum Pembe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 December 2015
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Land Allocation, Appeals, Evidence Assessment
Source Language: English

Land Law Land Allocation Appeals Evidence Assessment

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Parties

Kassim Kitisa

Appellant

Salum Pembe

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant is entitled to more than 1/4 of an acre of land
2 Whether the District Court erred in reversing the Primary Court's decision

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Decision of the District Court of Mkuranga in Civil Appeal No. 9 of 2003 quashed
Decision of the Primary Court of Mkuranga in Civil Case No. 8 of 2002 restored