omary salu vs mwanaidi salu 2017 tzhc 2092 27 june 2017
Neither party proved exclusive ownership; the Ward Tribunal's decision aimed at reconciliation among family members was fair and should be upheld.
Source-derived case information.
- Citation
- omary salu vs mwanaidi salu 2017 tzhc 2092 27 june 2017
- Parties
- Appellant: Omary Salu; Respondent: Mwanaidi Salu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 June 2017
- Procedural Posture
- Miscellaneous Land Appeal / Judgment on Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Family Land Dispute, Appeal, Proof of Ownership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omary Salu
Appellant
Mwanaidi Salu
Respondent
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant or respondent proved ownership of the disputed land
- 2 Whether the decision of the District Land and Housing Tribunal was correct
Ratio Decidendi
Neither party proved exclusive ownership; the Ward Tribunal's decision aimed at reconciliation among family members was fair and should be upheld.
Court Disposition
Appeal allowed
Orders
- Decision of the District Land and Housing Tribunal quashed and set aside
- Decision of the Ward Tribunal confirmed
Full Case Text
Judgment text and source record
1 paragraphs
“ORIGINAL” IN THE HIGH COURT OF TANZANIA DODOMA DISTRICT REGISTRY AT DODOMA MISC. LAND APPEAL NO. 53 OF 2016 (Appeal from the judgement of the District Land and Housing Tribunal of DODOMA, Appeal no. 9 of 2016, original from Hombolo Makulu Ward Tribunal) OMARY SALU............................................................APPELLANT VERSUS MWANAIDI SALU................................................. RESPONDENT JUDG EM ENT Mansoor, J: Date of JUDGEMENT- 27/07/2017 The matter originated from Hombolo Makulu Ward Tribunal. It was Mwanaidi Salum that instituted the claim against Omary Salum. Mwanaidi states that she was given the suit land by her late father. That she constructed a house but the house was gutted by fire. She again constructed another house. Omary states “ORIGINAL” that he was given the land by his grandfather, the father of his mother. The Appellant states that he uses the suit land for the business of production of bricks. During Trial, Mwanaidi produced Mnyamisi Salum, Kibibi Salum and Asha Salum as her witnesses. All testified that Mwanaidi was given the land by her late father. The respondent produced one Sefu Salum, who is the head of the family, Mohamed Salumu and Juma Salum, all have testified that the land was given to Omary by his late grandfather since long time. As rightly observed by the Ward Tribunal Members, that this is a family dispute since it was the Salumu’s family members that testified before the Ward Tribunal. The Ward Tribunal gave a fair judgement, and that judgement should be observed strictly. None of the parties in this dispute was able to prove that the land belongs either to the father of the respondent or to the grandfather of the Appellant, thus the decision of the members of the Ward Tribunal was a fair decision with the aim of reconciliation the parties who are family members emerging from the same clan. Based on the above, this appeal is allowed, and the decision of the District Land and Housing Tribunal of Dodoma at Dodoma is quashed and set aside. The decision of the Ward Tribunal is hereby confirmed. Appeal allowed with no costs. DATED at DODOMA this 27^ day of JULY, 2017 L. MANSOOR JUDGE 27th JULY 2017