odira adek makenge vs onyango chore 2009 tzhc 101 12 june 2009

odira adek makenge vs onyango chore 2009 tzhc 101 12 june 2009

The appellant had no legal right to the disputed plot, as the respondent was the rightful owner by virtue of allocation by the Village Council in 1979 and continuous, uninterrupted occupation for over twelve years. The appellant's claim was unfounded and amounted to unlawful use of the respondent's land.

Citation
odira adek makenge vs onyango chore 2009 tzhc 101 12 june 2009
Parties
Appellant: Odira Adek Makenge; Respondent: Onyango Chore
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 June 2009
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Land Ownership, Trespass, Allocation of Land, Appeals
Source Language
English
Land Law Land Ownership Trespass Allocation of Land Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Odira Adek Makenge

Appellant

Onyango Chore

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant has any right to the disputed plot
  2. 2 Whether the respondent is the rightful owner of the disputed land

Ratio Decidendi

The appellant had no legal right to the disputed plot, as the respondent was the rightful owner by virtue of allocation by the Village Council in 1979 and continuous, uninterrupted occupation for over twelve years. The appellant's claim was unfounded and amounted to unlawful use of the respondent's land.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs