omari juma jabiri others vs hadija omari others 2014 tzhc 2114 11 july 2014

omari juma jabiri others vs hadija omari others 2014 tzhc 2114 11 july 2014

Appellant failed to prove by documentary evidence that the disputed land belonged to his late father; evidence showed it was clan land jointly occupied by family members. Appellant was only administrator of his father's estate, not grandfather's. Respondent's evidence was heavier; appeal dismissed.

Source-derived case information.

Citation
omari juma jabiri others vs hadija omari others 2014 tzhc 2114 11 july 2014
Parties
Appellant: Omari Juma Jabiri; 1st Respondent: Hadija Omari; 2nd Respondent: Omari Kassim; Respondent: Bakari Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 July 2014
Procedural Posture
Land Case Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Clan Land, Administration of Estate, Burden of Proof
Source Language
english
Land Law Succession Law Clan Land Administration of Estate Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Omari Juma Jabiri

Appellant

Hadija Omari

1st Respondent

Omari Kassim

2nd Respondent

Bakari Juma

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

  1. 1 Whether the disputed land is clan land or part of the estate of the late Jabiri Tuwa
  2. 2 Whether the appellant is administrator of both his father's and grandfather's estates
  3. 3 Whether the respondent's father invaded the suit land

Ratio Decidendi

Appellant failed to prove by documentary evidence that the disputed land belonged to his late father; evidence showed it was clan land jointly occupied by family members. Appellant was only administrator of his father's estate, not grandfather's. Respondent's evidence was heavier; appeal dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondents