19910927 TZHC Dar es Salaam

19910927 TZHC Dar es Salaam

The appellate court found that the concurrent findings of fact by the lower courts were not supported by the evidence on record, which clearly established that the appellant planted the orange trees and occupied the land since 1976. The respondent's evidence was inconsistent and uncorroborated. Therefore, the appellant's claim was upheld.

Citation
19910927 TZHC Dar es Salaam
Parties
Appellant/plaintiff: Hassan Haji Ali; Respondent/defendant: Athumani God
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 September 1991
Procedural Posture
Land Dispute Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Ownership of Land, Evidence Evaluation, Burden of Proof
Source Language
English
Property Law Ownership of Land Evidence Evaluation Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Hassan Haji Ali

Appellant/plaintiff

Athumani God

Respondent/defendant

Procedural Posture

Land Dispute Appeal / Second Appeal

Legal Issues

  1. 1 Whether the orange trees in dispute were planted by the appellant or the respondent
  2. 2 Whether the concurrent findings of fact by the lower courts were supported by the evidence

Ratio Decidendi

The appellate court found that the concurrent findings of fact by the lower courts were not supported by the evidence on record, which clearly established that the appellant planted the orange trees and occupied the land since 1976. The respondent's evidence was inconsistent and uncorroborated. Therefore, the appellant's claim was upheld.

Court Disposition

appeal allowed

Orders

  • Judgment of the first appellate court and trial court set aside
  • Appellant declared owner of the orange trees and land in dispute