luda salamba vs marco magese 2007 tzhc 293 27 july 2007

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

Citation: luda salamba vs marco magese 2007 tzhc 293 27 july 2007
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
Legal Topics: Adverse Possession, Limitation of Actions, Village Land Allocation, Appellate Procedure
Source Language: English

Land Law Civil Procedure Adverse Possession Limitation of Actions Village Land Allocation Appellate Procedure

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

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 12-year limitation period had elapsed before the suit was instituted, rendering the intended appeal hopeless.

Court Disposition

Application dismissed

Orders

Applicant to pay costs