20161025 TZHC Dodoma
The Tribunal's visit established that both parties occupy their respective plots, all beacons are intact, and the disputed area is a public road. The appellant's plot is clearly demarcated and fenced, making encroachment implausible. No merit in the appeal.
- Citation
- 20161025 TZHC Dodoma
- Parties
- Appellant: Mohamed Makuno; Respondent: Ismail Nyele
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 October 2016
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Trespass, Boundary Dispute, Public Land, Beacons, Locus in Quo
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mohamed Makuno
Appellant
Ismail Nyele
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the disputed area is part of the appellant's plot or a public road
- 2 Whether the Tribunal erred by not involving the Capital Development Authority in identifying boundaries
Ratio Decidendi
The Tribunal's visit established that both parties occupy their respective plots, all beacons are intact, and the disputed area is a public road. The appellant's plot is clearly demarcated and fenced, making encroachment implausible. No merit in the appeal.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Appellant to pay costs
Full Case Text
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