machenes otaigo vs sabas mges 2019 tzhc 2035 24 january 2019
The appellant's title from 1988 was not sufficiently challenged, and the respondent's vendor's ability to pass title was not established; therefore, the appellant had a better title to the disputed land.
Source-derived case information.
- Citation
- machenes otaigo vs sabas mges 2019 tzhc 2035 24 january 2019
- Parties
- Appellant: Machenes Otaigo; Respondent: Sabas M Gesi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 January 2019
- Procedural Posture
- Land Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Title to Land, Evidence Evaluation, Fair Hearing, Extraneous Evidence
- Source Language
- english
Land Law Title to Land Evidence Evaluation Fair Hearing Extraneous Evidence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Machenes Otaigo
Appellant
Sabas M Gesi
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 whether the appellant had a better title to the disputed land
- 2 whether the DLHT properly evaluated evidence
- 3 whether the appellant was denied a fair hearing
Ratio Decidendi
The appellant's title from 1988 was not sufficiently challenged, and the respondent's vendor's ability to pass title was not established; therefore, the appellant had a better title to the disputed land.
Court Disposition
appeal allowed
Orders
- decision and order of the DLHT quashed and set aside
- appeal allowed in its entirety with costs
Full Case Text
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