kiango rashid vs ally rashid 2012 tzhc 157 20 june 2012
The appellant and his family have possessed the land uninterrupted since 1984, and there is no evidence that the land was borrowed; thus, the doctrine of adverse possession applies in favour of the appellant.
- Citation
- kiango rashid vs ally rashid 2012 tzhc 157 20 june 2012
- Parties
- Appellant: Kiango Chamshama; Respondent: Ally Rashid
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 June 2012
- Procedural Posture
- Land Appeal / Judgment on Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Adverse Possession, Burden of Proof, Inheritance of Land
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kiango Chamshama
Appellant
Ally Rashid
Respondent
Procedural Posture
Land Appeal / Judgment on Second Appeal
Legal Issues
- 1 Whether the doctrine of adverse possession applies in favour of the appellant
- 2 Whether the respondent proved that the appellant's father borrowed the land
Ratio Decidendi
The appellant and his family have possessed the land uninterrupted since 1984, and there is no evidence that the land was borrowed; thus, the doctrine of adverse possession applies in favour of the appellant.
Court Disposition
appeal allowed
Orders
- decision of the Ward Tribunal confirmed
- decision of the District Land and Housing Tribunal reversed
Full Case Text
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