20090319 TZHC Dodoma

20090319 TZHC Dodoma

The appellant's claim is barred by limitation, as the respondent had been in peaceful occupation and use of the disputed land for over 20 years before the complaint was filed. The appellant is precluded from recovery due to effluxion of time under the Law of Limitation Act.

Citation
20090319 TZHC Dodoma
Parties
Appellant: Laurent Kisawike; Respondent: Twamson Malenda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 March 2009
Procedural Posture
Land Case Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Limitation of Actions, Adverse Possession, Land Recovery
Source Language
English
Land Law Civil Procedure Limitation of Actions Adverse Possession Land Recovery

Case Brief

Summary, issues, holding and outcome

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Parties

Laurent Kisawike

Appellant

Twamson Malenda

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's claim for recovery of land is barred by limitation
  2. 2 Whether the tribunals below properly assessed the evidence

Ratio Decidendi

The appellant's claim is barred by limitation, as the respondent had been in peaceful occupation and use of the disputed land for over 20 years before the complaint was filed. The appellant is precluded from recovery due to effluxion of time under the Law of Limitation Act.

Court Disposition

appeal dismissed with costs

Orders

  • The concurrent decisions of both tribunals below are upheld.
  • Appeal dismissed with costs.