paskali nina vs andrea karera 2023 tzca 35 21 february 2023

paskali nina vs andrea karera 2023 tzca 35 21 february 2023

The respondent's 1992 acquisition was void for lack of Village Council approval, but his continuous occupation for over twelve years extinguished the estate's claim under the doctrine of adverse possession. The appellant failed to prove a better title, and the High Court's nullification of proceedings for lack of locus standi was erroneous.

Citation
paskali nina vs andrea karera 2023 tzca 35 21 february 2023
Parties
Appellant: Paskali Nina; Respondent: Andrea Karera
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 February 2023
Procedural Posture
Civil Appeal / Judgment on Final Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Adverse Possession, Title to Land, Locus Standi, Limitation of Actions, Validity of Sale Agreements
Source Language
English
Land Law Civil Procedure Adverse Possession Title to Land Locus Standi Limitation of Actions Validity of Sale Agreements

Case Brief

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Parties

Paskali Nina

Appellant

Andrea Karera

Respondent

Procedural Posture

Civil Appeal / Judgment on Final Appeal

Legal Issues

  1. 1 Whether the appeal to the District Land and Housing Tribunal was time-barred
  2. 2 Who between the parties has legal title to the disputed land

Ratio Decidendi

The respondent's 1992 acquisition was void for lack of Village Council approval, but his continuous occupation for over twelve years extinguished the estate's claim under the doctrine of adverse possession. The appellant failed to prove a better title, and the High Court's nullification of proceedings for lack of locus standi was erroneous.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.
  • The High Court's nullification order is quashed.