19940429 TZHC Dodoma

The respondent was entitled to the 15 acres allocated to him and his two sons, as there was no law or policy prohibiting such allocation and the land was available for allocation.

Citation: 19940429 TZHC Dodoma
Parties: Appellant: Malli Demu; Respondent: Ely Omariu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 April 1994
Procedural Posture: Civil Appeal / Judgment on Second Appeal
Outcome: Appeal dismissed
Legal Topics: Land Allocation, Village Government Powers, Appeal Procedure
Source Language: English

Land Law Land Allocation Village Government Powers Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Malli Demu

Appellant

Ely Omariu

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

1 Whether the respondent was entitled to 15 acres allocated to him and his two sons by the village government
2 Whether there was a government policy prohibiting allocation of land to a person on behalf of his sons

Ratio Decidendi

The respondent was entitled to the 15 acres allocated to him and his two sons, as there was no law or policy prohibiting such allocation and the land was available for allocation.

Court Disposition

Appeal dismissed

Orders

Each party to bear its own costs