20040820 TZHC Arusha

The grounds raised by the applicant are contentious issues of law fit for consideration by the Court of Appeal; leave is granted on the certified points of law.

Citation: 20040820 TZHC Arusha
Parties: Applicant: Meibuko Kisioki; Respondent: Lazaro Ngoile
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 August 2004
Procedural Posture: Civil Application / Application for Leave to Appeal to Court of Appeal
Outcome: application granted
Legal Topics: Allocation of Land, Title by Long Occupation, Jurisdiction of Village Authorities, Leave to Appeal
Source Language: English

Land Law Civil Procedure Allocation of Land Title by Long Occupation Jurisdiction of Village Authorities Leave to Appeal

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Parties

Meibuko Kisioki

Applicant

Lazaro Ngoile

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to Court of Appeal

Legal Issues

1 Whether the respondent had abandoned the land at the time it was allocated to the applicant
2 Whether the Village Authority had power to allocate the land to the applicant
3 Whether the respondent was allocated the land by a proper authority

Ratio Decidendi

The grounds raised by the applicant are contentious issues of law fit for consideration by the Court of Appeal; leave is granted on the certified points of law.

Court Disposition

application granted

Orders

Leave to appeal to the Court of Appeal is granted on the certified points of law.
Each party to bear its own costs.