paulo songati vs kalinzi village and 2 others 2023 tzhc 23301 14 december 2023
The plaintiff proved on a balance of probabilities that he was allocated the disputed 10 acres by the village government in 1997, and the defendants' evidence was tainted by material contradictions, undermining their credibility.
- Citation
- paulo songati vs kalinzi village and 2 others 2023 tzhc 23301 14 december 2023
- Parties
- Plaintiff: Paulo Songati; 1st Defendant: Kalinzi Village Council; 2nd Defendant: Kigoma District Council; 3rd Defendant: Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 December 2023
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff with costs
- Legal Topics
- Land Ownership, Trespass, Village Land Allocation, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Paulo Songati
Plaintiff
Kalinzi Village Council
1st Defendant
Kigoma District Council
2nd Defendant
Attorney General
3rd Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of the suit premises
- 2 Whether the first defendant trespassed into the suit premises
- 3 To what reliefs are the parties entitled
Ratio Decidendi
The plaintiff proved on a balance of probabilities that he was allocated the disputed 10 acres by the village government in 1997, and the defendants' evidence was tainted by material contradictions, undermining their credibility.
Court Disposition
Judgment for the plaintiff with costs
Orders
- Plaintiff declared rightful owner of the 10 acres at Kalinzi village, Kabale, Kigoma Region
- First defendant declared trespasser to the suit land
Full Case Text
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