mwanaarafa abubakar basheikh mikidadi another vs kassim kamtwanje another 2022 tzca 157 29 march 2022

mwanaarafa abubakar basheikh mikidadi another vs kassim kamtwanje another 2022 tzca 157 29 march 2022

The appeal was dismissed because the trial and first appellate courts' concurrent findings that the first respondent lawfully acquired the property were based on credible evidence, and the appellants failed to discharge the burden of proof. The High Court erred in relying on a letter not admitted in evidence, but...

Source-derived case information.

Citation
mwanaarafa abubakar basheikh mikidadi another vs kassim kamtwanje another 2022 tzca 157 29 march 2022
Parties
Appellant: Mwanaarafa Abubakar Basheikh Mikidadi; Appellant: Zuhura Abubakar Basheikh Mikidadi; First Respondent: Kassim Kamtwanje; Second Respondent: Hamisi Basheik Mikidadi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 March 2022
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Ownership of Land, Burden of Proof, Admissibility of Evidence, Right to Be Heard
Source Language
english
Land Law Civil Procedure Ownership of Land Burden of Proof Admissibility of Evidence Right to Be Heard

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Summary, issues, holding and outcome

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Parties

Mwanaarafa Abubakar Basheikh Mikidadi

Appellant

Zuhura Abubakar Basheikh Mikidadi

Appellant

Kassim Kamtwanje

First Respondent

Hamisi Basheik Mikidadi

Second Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the first respondent is the lawful owner of the disputed property
  2. 2 Whether the High Court erred by relying on a letter not admitted in evidence
  3. 3 Whether the appellants' right to be heard was abrogated

Ratio Decidendi

The appeal was dismissed because the trial and first appellate courts' concurrent findings that the first respondent lawfully acquired the property were based on credible evidence, and the appellants failed to discharge the burden of proof. The High Court erred in relying on a letter not admitted in evidence, but this did not affect the outcome as the overall evidence favored the first respondent.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety with costs.