20181019 TZHC Dar es Salaam

20181019 TZHC Dar es Salaam

The appeal was allowed because the second respondent was a minor in 1990 and could not have acquired land, the respondents failed to call a material witness (Elias Matetekala), and the evidence favored the appellant's claim of ownership. Adverse possession did not apply as the respondents' possession did not exceed...

Source-derived case information.

Citation
20181019 TZHC Dar es Salaam
Parties
Appellant: Nolbert Mohamed Dinda; Respondent: Prisca Lishela; Respondent: Robert Lishela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2018
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Ownership of Land, Adverse Possession, Burden of Proof, Evidence, Limitation Period
Source Language
english
Land Law Ownership of Land Adverse Possession Burden of Proof Evidence Limitation Period

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Summary, issues, holding and outcome

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Parties

Nolbert Mohamed Dinda

Appellant

Prisca Lishela

Respondent

Robert Lishela

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial tribunal erred in declaring the respondents owners of the disputed 2 acres of land
  2. 2 Whether the appellant proved lawful ownership of the disputed land
  3. 3 Whether adverse possession applied in favour of the respondents

Ratio Decidendi

The appeal was allowed because the second respondent was a minor in 1990 and could not have acquired land, the respondents failed to call a material witness (Elias Matetekala), and the evidence favored the appellant's claim of ownership. Adverse possession did not apply as the respondents' possession did not exceed 12 years.

Court Disposition

Appeal allowed

Orders

  • Trial tribunal decision reversed
  • Appellant declared lawful owner of the disputed premises