20050621 TZHC Dr es Salaam

In the absence of evidence establishing who owned or possessed the disputed land, the charge of forcible entry could not be sustained and the acquittal was proper.

Citation: 20050621 TZHC Dr es Salaam
Parties: Appellant: Mahowi Kutona; Respondent: Wilson Chitulu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 June 2005
Procedural Posture: Criminal Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Forcible Entry, Ownership Dispute, Burden of Proof
Source Language: English

Criminal Law Land Law Forcible Entry Ownership Dispute Burden of Proof

Case Brief

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Parties

Mahowi Kutona

Appellant

Wilson Chitulu

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

1 Whether the respondent forcibly entered land owned by the appellant
2 Whether ownership or possession of the disputed land was established

Ratio Decidendi

In the absence of evidence establishing who owned or possessed the disputed land, the charge of forcible entry could not be sustained and the acquittal was proper.

Court Disposition

appeal dismissed

Orders

Decisions of the lower courts upheld
Appeal dismissed