mohamed seif mboweto vs bakari juma mkumbugo administrator of the estate of juma ally mkumbugo 2021 tzhclandd 849 30 november 2021

mohamed seif mboweto vs bakari juma mkumbugo administrator of the estate of juma ally mkumbugo 2021 tzhclandd 849 30 november 2021

The appellant failed to prove ownership of the disputed land as required by law, and did not have locus standi to claim land belonging to his late father without proper legal capacity; however, the tribunal erred by not visiting locus in quo, which was necessary to clarify the parties' claims and evidence.

Source-derived case information.

Citation
mohamed seif mboweto vs bakari juma mkumbugo administrator of the estate of juma ally mkumbugo 2021 tzhclandd 849 30 november 2021
Parties
Appellant: Mohamed Seif Mboweto; 1st Respondent: Bakari Juma Mkumbugo (Administrator of the Estate of Juma Ally Mkumbugo); 2nd Respondent: Habiba Nuhu Kyuta; 3rd Respondent: Hamisi Ngangemuba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 November 2021
Procedural Posture
Land Appeal / Judgment on First Appeal
Outcome
Appeal partly allowed
Legal Topics
Land Ownership, Burden of Proof, Locus in Quo, Appeals Procedure
Source Language
english
Land Law Land Ownership Burden of Proof Locus in Quo Appeals Procedure

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Parties

Mohamed Seif Mboweto

Appellant

Bakari Juma Mkumbugo (Administrator of the Estate of Juma Ally Mkumbugo)

1st Respondent

Habiba Nuhu Kyuta

2nd Respondent

Hamisi Ngangemuba

3rd Respondent

Procedural Posture

Land Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the trial tribunal erred by not considering the appellant's evidence and witness statements
  2. 2 Whether the trial tribunal erred by denying a request for locus in quo
  3. 3 Whether the appellant had locus standi to claim ownership of the disputed land

Ratio Decidendi

The appellant failed to prove ownership of the disputed land as required by law, and did not have locus standi to claim land belonging to his late father without proper legal capacity; however, the tribunal erred by not visiting locus in quo, which was necessary to clarify the parties' claims and evidence.

Court Disposition

Appeal partly allowed

Orders

  • File remitted to the District Land and Housing Tribunal for Mkuranga for the Chairman to visit locus in quo, gather parties and witnesses, and determine the matter based on findings from locus in quo only.
  • Matter to be given priority and hearing to conclude within six months from the date of judgment.