mwanaharusi ramadhani said vs ramla ali another 2021 tzhclandd 6696 8 november 2021

mwanaharusi ramadhani said vs ramla ali another 2021 tzhclandd 6696 8 november 2021

The Tribunal erred in law and fact by discussing the issue of limitation without affording the parties the right to be heard, constituting procedural irregularity. The respondent's claim is limited to a foot passage, and one meter is sufficient for access; the appeal is allowed.

Source-derived case information.

Citation
mwanaharusi ramadhani said vs ramla ali another 2021 tzhclandd 6696 8 november 2021
Parties
Appellant: Mwanaharusi Ramadhani Said; Respondent: Ramla Ali; Respondent: Uma Mohamed Mwenda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 November 2021
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Easement, Right of Way, Limitation of Actions, Procedural Fairness
Source Language
english
Land Law Easement Right of Way Limitation of Actions Procedural Fairness

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Parties

Mwanaharusi Ramadhani Said

Appellant

Ramla Ali

Respondent

Uma Mohamed Mwenda

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the application was time barred as held by the Tribunal
  2. 2 To whom the disputed land belongs

Ratio Decidendi

The Tribunal erred in law and fact by discussing the issue of limitation without affording the parties the right to be heard, constituting procedural irregularity. The respondent's claim is limited to a foot passage, and one meter is sufficient for access; the appeal is allowed.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed
  • No order as to costs