19900327 TZHC Dar es Salaam

19900327 TZHC Dar es Salaam

The appellant failed to prove that the disputed land was clan land or that he had been appointed by the clan baraza; evidence showed the land belonged to the deceased Emmanuel Banchu and the respondents are the lawful heirs.

Citation
19900327 TZHC Dar es Salaam
Parties
Appellant: Lucian Gabriel; Respondent: Biligis Emmanuel; Respondent: Albertina Emmanuel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 1990
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Clan Land, Burden of Proof, Heirship, Evidence Assessment
Source Language
English
Land Law Succession Clan Land Burden of Proof Heirship Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Lucian Gabriel

Appellant

Biligis Emmanuel

Respondent

Albertina Emmanuel

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the disputed land was clan land or belonged to the deceased Emmanuel Banchu
  2. 2 Whether the appellant proved his claim to the land
  3. 3 Whether the respondents are lawful heirs

Ratio Decidendi

The appellant failed to prove that the disputed land was clan land or that he had been appointed by the clan baraza; evidence showed the land belonged to the deceased Emmanuel Banchu and the respondents are the lawful heirs.

Court Disposition

appeal dismissed

Orders

  • Judgment of the District Court upheld
  • Appeal dismissed with costs