mayala sena vs jidendei sosoma 2019 tzhc 2104 14 january 2019

Appellant failed to prove purchase of the land; no documentary evidence or credible witnesses were produced. The concurrent findings of the lower tribunals are upheld.

Citation: mayala sena vs jidendei sosoma 2019 tzhc 2104 14 january 2019
Parties: Appellant: Mayala Sena; Respondent: Jidendei Sosoma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 January 2019
Procedural Posture: Land Appeal / Second Appeal
Outcome: appeal dismissed with costs
Legal Topics: Ownership Dispute, Concurrent Findings, Appellate Review
Source Language: English

Land Law Ownership Dispute Concurrent Findings Appellate Review

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

Mayala Sena

Appellant

Jidendei Sosoma

Respondent

Procedural Posture

Land Appeal / Second Appeal

Legal Issues

1 Whether the appellant proved lawful ownership of the disputed land
2 Whether the appellate court should interfere with concurrent findings of fact

Ratio Decidendi

Appellant failed to prove purchase of the land; no documentary evidence or credible witnesses were produced. The concurrent findings of the lower tribunals are upheld.

Court Disposition

appeal dismissed with costs

Orders

decision of 1st appellate tribunal upheld
right of appeal explained