niima gwaru vs elizabeth gutmo 2009 tzhc 270 2 june 2009

The appeal is dismissed because the grounds raised by the appellant lack merit; the tribunal's decision was based on evidence, and the right of appeal to the High Court exists under the amended law.

Citation: niima gwaru vs elizabeth gutmo 2009 tzhc 270 2 june 2009
Parties: Appellant: Niima Gwaru; Respondent: Elizabeth Gutmo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 June 2009
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Land Allocation, Customary Land Tribunals, Appeals Process, Procedural Irregularities
Source Language: English

Land Law Customary Law Land Allocation Customary Land Tribunals Appeals Process Procedural Irregularities

Case Brief

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Parties

Niima Gwaru

Appellant

Elizabeth Gutmo

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the hearing at the Manyara Regional Customary Land Tribunal was procedurally proper
2 Whether the respondent was lawfully allocated the suit land by the village government
3 Whether the appellant's grounds of appeal have merit

Ratio Decidendi

The appeal is dismissed because the grounds raised by the appellant lack merit; the tribunal's decision was based on evidence, and the right of appeal to the High Court exists under the amended law.

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed
Appellant to pay costs