20101028 TZHC Dodoma

The appellant encroached onto the respondent's plot by two meters as established by the surveyor's testimony and the block plan; the Tribunal's findings are supported by evidence and must stand.

Citation: 20101028 TZHC Dodoma
Parties: Appellant: Lidya Rwechungura Mwenda; 1st Respondent: Stephen Hezron Liwaha; 2nd Respondent: Capital Development Authority (CDA)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 October 2010
Procedural Posture: Land Case Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Encroachment, Plot Demarcation, Allocation of Land, Evidence Evaluation
Source Language: English

Land Law Encroachment Plot Demarcation Allocation of Land Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

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Parties

Lidya Rwechungura Mwenda

Appellant

Stephen Hezron Liwaha

1st Respondent

Capital Development Authority (CDA)

2nd Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

1 Whether the appellant encroached onto the respondent's plot by two meters
2 Whether the District Land and Housing Tribunal erred in its factual findings

Ratio Decidendi

The appellant encroached onto the respondent's plot by two meters as established by the surveyor's testimony and the block plan; the Tribunal's findings are supported by evidence and must stand.

Court Disposition

appeal dismissed

Orders

Appellant stopped from continuing construction on respondent's plot
Appellant required to uproot trees planted on respondent's plot