20171130 TZHC Dodoma3

20171130 TZHC Dodoma3

Appellants failed to prove customary title, allocation by Village Council, or adverse possession; respondent established valid oral sale and title; Ward Tribunal composition was proper.

Citation
20171130 TZHC Dodoma3
Parties
Appellant: Omary Juma Maseremu; Appellant: Hamad Ali Piro; Appellant: Iddi Juma Maseremu; Respondent: Issa Rabid Chuka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2017
Procedural Posture
Miscellaneous Land Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Ward Tribunal Composition, Proof of Land Sale, Customary Title, Adverse Possession
Source Language
English

Case Brief

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Parties

Omary Juma Maseremu

Appellant

Hamad Ali Piro

Appellant

Iddi Juma Maseremu

Appellant

Issa Rabid Chuka

Respondent

Procedural Posture

Miscellaneous Land Appeal / Final Judgment

  1. 1 Whether the Ward Tribunal was properly composed
  2. 2 Whether the respondent proved purchase of the land
  3. 3 Whether the respondent's evidence was contradictory or weak

Ratio Decidendi

Appellants failed to prove customary title, allocation by Village Council, or adverse possession; respondent established valid oral sale and title; Ward Tribunal composition was proper.

Court Disposition

appeal dismissed

Orders

  • decision of District Land and Housing Tribunal upheld
  • appellants to pay costs