mohamed jumanne vs simon makala others 2013 tzhc 2112 22 august 2013

mohamed jumanne vs simon makala others 2013 tzhc 2112 22 august 2013

The respondents lawfully acquired the disputed land through formal allocation and payment of fees, and the appellant's occupancy did not confer a right of occupancy; the appellant should have sued the land allocating authority, not the respondents.

Citation
mohamed jumanne vs simon makala others 2013 tzhc 2112 22 august 2013
Parties
Appellant: Mohamed Jumanne; Respondent: Simon Makala; Respondent: Juma Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 August 2013
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Allocation of Land, Right of Occupancy, Evidence Evaluation
Source Language
English
Land Law Allocation of Land Right of Occupancy Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mohamed Jumanne

Appellant

Simon Makala

Respondent

Juma Ramadhani

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in law and fact by failing to properly consider and evaluate the evidence
  2. 2 Whether the respondents lawfully acquired the disputed land

Ratio Decidendi

The respondents lawfully acquired the disputed land through formal allocation and payment of fees, and the appellant's occupancy did not confer a right of occupancy; the appellant should have sued the land allocating authority, not the respondents.

Court Disposition

appeal dismissed

Orders

  • Decision of the District Land and Housing Tribunal upheld
  • Appeal dismissed entirely