19850625 TZHC Dar es Salaam

A reduction of the private footpath from 5ft to 4ft does not amount to a legal disturbance if the remaining width is sufficient for passage; thus, no actionable obstruction occurred.

Citation: 19850625 TZHC Dar es Salaam
Parties: Appellant: Patrick Lutale; Respondent: Salum Alli Tunzi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 June 1985
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Right of Way, Easement, Injunction, Private Nuisance
Source Language: English

Property Law Right of Way Easement Injunction Private Nuisance

Case Brief

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Parties

Patrick Lutale

Appellant

Salum Alli Tunzi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the respondent's construction amounted to obstruction of the appellant's right of way
2 Whether reduction of the footpath from 5ft to 4ft constituted a legal disturbance

Ratio Decidendi

A reduction of the private footpath from 5ft to 4ft does not amount to a legal disturbance if the remaining width is sufficient for passage; thus, no actionable obstruction occurred.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs.