mataluma gimu vs nyamate kalumbete others 2019 tzhc 2106 24 january 2019

mataluma gimu vs nyamate kalumbete others 2019 tzhc 2106 24 january 2019

Appellant failed to prove ownership of the disputed land to the required standard; trial tribunal's decision based on credibility of witnesses stands.

Source-derived case information.

Citation
mataluma gimu vs nyamate kalumbete others 2019 tzhc 2106 24 january 2019
Parties
Appellant: Mataluma Gimu; Respondent: Nyamate Kalumbete; Respondent: Dotto Mwandu; Respondent: Tano Shija
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 January 2019
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Inheritance, Ownership Dispute, Burden of Proof
Source Language
english
Land Law Civil Procedure Inheritance Ownership Dispute Burden of Proof

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Summary, issues, holding and outcome

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Parties

Mataluma Gimu

Appellant

Nyamate Kalumbete

Respondent

Dotto Mwandu

Respondent

Tano Shija

Respondent

Procedural Posture

Land Appeal / Judgment

  1. 1 Whether the appellant proved ownership of the disputed land to the required standard
  2. 2 Whether the trial tribunal erred in declaring the 1st respondent as owner of the disputed land

Ratio Decidendi

Appellant failed to prove ownership of the disputed land to the required standard; trial tribunal's decision based on credibility of witnesses stands.

Court Disposition

appeal dismissed

Orders

  • Decision of trial tribunal upheld
  • Each party to bear own costs