20190404 TZCA Arusha2

20190404 TZCA Arusha2

Appellant failed to establish ownership of the disputed plot of land due to lack of documentary evidence and non-compliance with statutory requirements for transfer; locus standi was not at issue as respondents were sued and appellant conceded their status; adverse possession was not pleaded and thus not applicable.

Source-derived case information.

Citation
20190404 TZCA Arusha2
Parties
Appellant: Madam Mary Silvanus Qorro; 1st Respondent: Edith Donath Kweka; 2nd Respondent: Wilfred Stephen Kweka
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 April 2019
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Locus Standi, Adverse Possession, Ownership of Land, Burden of Proof
Source Language
english
Land Law Civil Procedure Locus Standi Adverse Possession Ownership of Land Burden of Proof

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Parties

Madam Mary Silvanus Qorro

Appellant

Edith Donath Kweka

1st Respondent

Wilfred Stephen Kweka

2nd Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether respondents were bound to establish locus standi
  2. 2 Whether appellant was entitled to ownership by adverse possession
  3. 3 Whether appellant established ownership on balance of probabilities

Ratio Decidendi

Appellant failed to establish ownership of the disputed plot of land due to lack of documentary evidence and non-compliance with statutory requirements for transfer; locus standi was not at issue as respondents were sued and appellant conceded their status; adverse possession was not pleaded and thus not applicable.

Court Disposition

appeal dismissed

Orders

  • Respondents awarded costs of appeal