20100215 TZHC Dar es Salaam

20100215 TZHC Dar es Salaam

The evidence on record supports the finding that the plot in issue belonged to the respondent's late father and was encroached upon by the appellant; there was no credible evidence that the appellant was given the plot by the village government in 1975.

Citation
20100215 TZHC Dar es Salaam
Parties
Appellant: Mzee Banda; Respondent: Bader Ally
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2010
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Ownership of Land, Appeals Procedure, Evidence Assessment
Source Language
English
Civil Law Land Law Ownership of Land Appeals Procedure Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Mzee Banda

Appellant

Bader Ally

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Principal District Magistrate misdirected himself in law and fact in holding that the plot in dispute belongs to the Respondent
  2. 2 Whether there were incurable procedural errors in the Primary Court proceedings

Ratio Decidendi

The evidence on record supports the finding that the plot in issue belonged to the respondent's late father and was encroached upon by the appellant; there was no credible evidence that the appellant was given the plot by the village government in 1975.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Decisions of the Primary Court of Chalinze and District Court of Bagamoyo upheld