19721208 TZHC Mwanza2

19721208 TZHC Mwanza2

The respondent's failure to construct an alternative path before suit initiation was the cause of litigation, but since an alternative path was constructed during proceedings, re-opening the original path would cause undue hardship. The respondent is liable for costs due to his fault in causing the suit.

Citation
19721208 TZHC Mwanza2
Parties
Appellant: Petro Nbalile; Respondent: Domisiani Kasilima
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 1972
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed in part
Legal Topics
Right of Way, Public Path, Customary Obligations
Source Language
English
Property Law Customary Law Right of Way Public Path Customary Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Petro Nbalile

Appellant

Domisiani Kasilima

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent was obligated to re-open a closed public path under Haya customary law
  2. 2 Whether the construction of an alternative path after suit commencement satisfied the legal requirement

Ratio Decidendi

The respondent's failure to construct an alternative path before suit initiation was the cause of litigation, but since an alternative path was constructed during proceedings, re-opening the original path would cause undue hardship. The respondent is liable for costs due to his fault in causing the suit.

Court Disposition

appeal allowed in part

Orders

  • Order for appellant to pay half of appeal costs set aside.
  • Respondent to pay full costs at trial, on appeal, and at District Court.