peter mwendisinga vs asha yusufu 2012 tzhclandd 17 29 march 2012

Appeal dismissed as appellant's grounds lacked merit; respondent's occupation and claim supported by evidence and doctrine of adverse possession; issues not pleaded below cannot be raised on appeal.

Citation: peter mwendisinga vs asha yusufu 2012 tzhclandd 17 29 march 2012
Parties: Appellant: Peter Mwedisinga; Respondent: Asha Yusufu
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 March 2012
Procedural Posture: Miscellaneous Land Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Adverse Possession, Evidence Evaluation, Appellate Review
Source Language: English

Land Law Adverse Possession Evidence Evaluation Appellate Review

Case Brief

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Parties

Peter Mwedisinga

Appellant

Asha Yusufu

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

1 whether respondent proved ownership of disputed land
2 whether doctrine of adverse possession applies
3 whether appellant established occupation prior to respondent's claim

Ratio Decidendi

Appeal dismissed as appellant's grounds lacked merit; respondent's occupation and claim supported by evidence and doctrine of adverse possession; issues not pleaded below cannot be raised on appeal.

Court Disposition

appeal dismissed

Orders

appeal dismissed with costs