pendo matiku v mwanahamisi issa and 4 others 2024 tzhc 668 29 january 2024

pendo matiku v mwanahamisi issa and 4 others 2024 tzhc 668 29 january 2024

The trial tribunal erred in awarding costs to the 5th respondent without proper procedure and wrongly applied the doctrine of adverse possession; the appellant proved ownership of the disputed land on the balance of probabilities; the trial tribunal's decision is quashed and set aside.

Source-derived case information.

Citation
pendo matiku v mwanahamisi issa and 4 others 2024 tzhc 668 29 january 2024
Parties
Appellant: Pendo Matiku; 1st Respondent: Mwanahamisi Issa; 2nd Respondent: Musa Gavana; 3rd Respondent: Abdi Gavana; 4th Respondent: Hassan Gavana; 5th Respondent: Salaho Awaki Barave
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2024
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Ownership Dispute, Adverse Possession, Costs, Burden of Proof
Source Language
english
Land Law Civil Procedure Ownership Dispute Adverse Possession Costs Burden of Proof

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Parties

Pendo Matiku

Appellant

Mwanahamisi Issa

1st Respondent

Musa Gavana

2nd Respondent

Abdi Gavana

3rd Respondent

Hassan Gavana

4th Respondent

Salaho Awaki Barave

5th Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the trial tribunal erred in awarding costs to the 5th respondent without proper procedure
  2. 2 Whether the doctrine of adverse possession was wrongly applied
  3. 3 Whether the appellant proved ownership of the disputed land

Ratio Decidendi

The trial tribunal erred in awarding costs to the 5th respondent without proper procedure and wrongly applied the doctrine of adverse possession; the appellant proved ownership of the disputed land on the balance of probabilities; the trial tribunal's decision is quashed and set aside.

Court Disposition

appeal allowed

Orders

  • trial tribunal decision quashed and set aside
  • each party to bear own costs at appeal and trial tribunal