19971106 TZHC Tabora

19971106 TZHC Tabora

The appellant had no reasonable chance of success in the intended appeal as the respondent was lawfully allocated the land and had been in continuous possession since 1974, while the appellant had voluntarily left. The refusal to set aside the dismissal was proper.

Citation
19971106 TZHC Tabora
Parties
Appellant: Mabula Faya; Respondent: John Alum
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 1997
Procedural Posture
Civil Appeal / Judgment on Appeal Against Refusal to Set Aside Ex Parte Judgment
Outcome
appeal dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Land Ownership Dispute, Appeal Dismissal for Non Appearance
Source Language
English
Civil Procedure Land Law Setting Aside Ex Parte Judgment Land Ownership Dispute Appeal Dismissal for Non Appearance

Case Brief

Summary, issues, holding and outcome

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Parties

Mabula Faya

Appellant

John Alum

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Refusal to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the order refusing to set aside the ex parte judgment was proper
  2. 2 Whether the appellant is entitled to the disputed land

Ratio Decidendi

The appellant had no reasonable chance of success in the intended appeal as the respondent was lawfully allocated the land and had been in continuous possession since 1974, while the appellant had voluntarily left. The refusal to set aside the dismissal was proper.

Court Disposition

appeal dismissed with costs

Orders

  • District Registrar to summon the parties and have the judgment read to them