Judgement Land Appeal No 98702024 Mathayo Ero

Judgement Land Appeal No 98702024 Mathayo Ero

The appellant failed to prove his claim to the balance of probabilities, and the tribunal was justified in its findings. There was no evidence of bias by the chairperson, as the parties had the opportunity to present their cases inter-partes after the ex parte judgment was set aside. The appellant's failure to raise the issue of bias at the tribunal stage amounted to acquiescence.

Citation
Judgement Land Appeal No 98702024 Mathayo Ero
Parties
Appellant: Mathayo Ero; Respondent: Peter Boniphace
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 November 2024
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Ownership Dispute, Bias and Recusal, Burden of Proof, Appellate Procedure
Source Language
English
Land Law Civil Procedure Ownership Dispute Bias and Recusal Burden of Proof Appellate Procedure

Case Brief

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Parties

Mathayo Ero

Appellant

Peter Boniphace

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the tribunal chairperson was biased for hearing both the appeal and the application involving the same parties and land
  2. 2 Whether the tribunal was justified in holding that the appellant failed to prove his case

Ratio Decidendi

The appellant failed to prove his claim to the balance of probabilities, and the tribunal was justified in its findings. There was no evidence of bias by the chairperson, as the parties had the opportunity to present their cases inter-partes after the ex parte judgment was set aside. The appellant's failure to raise the issue of bias at the tribunal stage amounted to acquiescence.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed for want of merit
  • Appellant to pay costs