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
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Mataluma Gimu
Appellant
Nyamate Kalumbete
Respondent
Dotto Mwandu
Respondent
Tano Shija
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the appellant proved ownership of the disputed land to the required standard
- 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
Full Case Text
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