paulo lyasweye vs moshi mustafa 2017 tzhc 2094 14 august 2017

paulo lyasweye vs moshi mustafa 2017 tzhc 2094 14 august 2017

Abandonment of land for over 26 years, coupled with uninterrupted occupation and development by the appellant since 1977, constitutes loss of title by the respondent and acquisition by the appellant through adverse possession under Tanzanian land law.

Citation
paulo lyasweye vs moshi mustafa 2017 tzhc 2094 14 august 2017
Parties
Appellant: Paulo Lyasweye; Respondent: Moshi Mustafa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 August 2017
Procedural Posture
Land Appeal / Judgment on Second Appeal
Outcome
appeal allowed
Legal Topics
Adverse Possession, Abandonment of Land, Native Tenure, Land Ownership, Reversal of Lower Tribunal Decision
Source Language
English
Land Law Adverse Possession Abandonment of Land Native Tenure Land Ownership Reversal of Lower Tribunal Decision

Case Brief

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Parties

Paulo Lyasweye

Appellant

Moshi Mustafa

Respondent

Procedural Posture

Land Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether long-term abandonment of land results in loss of title under Tanzanian law
  2. 2 Whether the appellant acquired ownership by adverse possession

Ratio Decidendi

Abandonment of land for over 26 years, coupled with uninterrupted occupation and development by the appellant since 1977, constitutes loss of title by the respondent and acquisition by the appellant through adverse possession under Tanzanian land law.

Court Disposition

appeal allowed

Orders

  • Decision of the District Land and Housing Tribunal quashed and set aside
  • Decision of the Ward Tribunal restored and confirmed