20130215 TZHC Dar es Salaam

20130215 TZHC Dar es Salaam

The lower tribunals failed to properly mediate and consider evidence, including oral agreements and boundary claims, and did not ensure peace and harmony as required by law; appellant is entitled to construct a wall with a passage for accessibility.

Citation
20130215 TZHC Dar es Salaam
Parties
Appellant: Peter Kayagambe; Respondent: Abraham Mpema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2013
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Wrongful Attachment, Demolition Order, Boundary Dispute, Execution of Tribunal Orders
Source Language
English
Land Law Wrongful Attachment Demolition Order Boundary Dispute Execution of Tribunal Orders

Case Brief

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Parties

Peter Kayagambe

Appellant

Abraham Mpema

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 whether the decisions of the Ward and District Tribunals were correct regarding boundary and demolition orders
  2. 2 whether proper procedure was followed in execution and mediation

Ratio Decidendi

The lower tribunals failed to properly mediate and consider evidence, including oral agreements and boundary claims, and did not ensure peace and harmony as required by law; appellant is entitled to construct a wall with a passage for accessibility.

Court Disposition

appeal allowed

Orders

  • decisions of the two lower tribunals set aside
  • appellant allowed to construct a fence wall joining his house and leave three steps (estimated at three feet) for passage