20070727 TZHC TABORA

The respondent acquired title to the disputed land by adverse possession as the limitation period of 12 years had elapsed before the suit was instituted, rendering the intended appeal hopeless.

Citation: 20070727 TZHC TABORA
Parties: Applicant: Luda Salamba; Respondent: Marco Magese
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 July 2007
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Certificate on Points of Law
Outcome: Application dismissed with costs
Legal Topics: Adverse Possession, Limitation of Actions, Village Land Allocation, Operation Vijiji
Source Language: English

Land Law Civil Procedure Adverse Possession Limitation of Actions Village Land Allocation Operation Vijiji

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Parties

Luda Salamba

Applicant

Marco Magese

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Certificate on Points of Law

Legal Issues

1 Whether an appellate decree can be issued in lieu of an order for retrial
2 Whether 'Operation Vijiji' created a new grand norm of ownership
3 Whether the appellant's deemed right of occupancy was extinguished during 'Operation Vijiji'

Ratio Decidendi

The respondent acquired title to the disputed land by adverse possession as the limitation period of 12 years had elapsed before the suit was instituted, rendering the intended appeal hopeless.

Court Disposition

Application dismissed with costs

Orders

Application for certificate on points of law refused
Costs awarded to respondent