khalid bakari vs samwel greyson mpinga 2017 tzca 369 14 august 2017

khalid bakari vs samwel greyson mpinga 2017 tzca 369 14 august 2017

There was no misapprehension of evidence, miscarriage of justice, or violation of law by the lower courts; the oral evidence and sketch plan supported the finding that the appellant blocked the right of way, and the appeal lacked merit.

Citation
khalid bakari vs samwel greyson mpinga 2017 tzca 369 14 august 2017
Parties
Appellant: Khalid Bakari; Respondent: Samwel Greyson Mpinga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 August 2017
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal dismissed
Legal Topics
Right of Way, Concurrent Findings, Evidence Evaluation, Land Disputes
Source Language
English
Land Law Civil Procedure Right of Way Concurrent Findings Evidence Evaluation Land Disputes

Case Brief

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Parties

Khalid Bakari

Appellant

Samwel Greyson Mpinga

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant unlawfully blocked the respondent's right of way
  2. 2 Whether oral evidence can contradict documentary evidence in land disputes
  3. 3 Whether the lower courts erred in evaluating the size and boundaries of the disputed land

Ratio Decidendi

There was no misapprehension of evidence, miscarriage of justice, or violation of law by the lower courts; the oral evidence and sketch plan supported the finding that the appellant blocked the right of way, and the appeal lacked merit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The respondent will have his costs.