omar bakar haji others vs mohd ali omar another 2013 tzhc 2026 5 march 2013
The appellants failed to prove their claims to the required standard; the respondents demonstrated long, peaceful possession and use of the shamba, supported by physical evidence and lack of resistance from appellants.
- Citation
- omar bakar haji others vs mohd ali omar another 2013 tzhc 2026 5 march 2013
- Parties
- Appellant: Omar Bakar Haji; Appellant: Ali Bakar Haji; Appellant: Hamad Bakar Haji; Appellant: Shamata Hamad Haji; Respondent: Mohammad Ali Omar; Respondent: Nassor Ali Omar
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 March 2013
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Ownership of Land, Separate Ownership of Trees, Adverse Possession, Law of Limitation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Omar Bakar Haji
Appellant
Ali Bakar Haji
Appellant
Hamad Bakar Haji
Appellant
Shamata Hamad Haji
Appellant
Mohammad Ali Omar
Respondent
Nassor Ali Omar
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the respondents lawfully own the disputed shamba or only the coconut trees
- 2 Whether the maxim 'quid quid plantatur solo solo cedit' applies under Zanzibar law
- 3 Whether the law of limitation was properly applied
Ratio Decidendi
The appellants failed to prove their claims to the required standard; the respondents demonstrated long, peaceful possession and use of the shamba, supported by physical evidence and lack of resistance from appellants.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
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