ramadhan farghan farjala others vs rashid khamis said 2014 tzhc 2036 29 april 2014

ramadhan farghan farjala others vs rashid khamis said 2014 tzhc 2036 29 april 2014

The suit was time-barred as both parties failed to prove inheritance with documentary evidence, and the respondent's possession exceeded the statutory limitation period, barring the appellants' claim.

Citation
ramadhan farghan farjala others vs rashid khamis said 2014 tzhc 2036 29 april 2014
Parties
Appellant: Ramadhan Farhan Farjala; Appellant: Abdalla Farhan Farjala; Appellant: Malik Farhan Farjala; Appellant: Saburi Farhan Farjala; Respondent: Rashid Khamis Said; Respondent (substituted): Masika Rashid Khamis
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Limitation of Actions, Inheritance, Trespass to Land
Source Language
English

Case Brief

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Parties

Ramadhan Farhan Farjala

Appellant

Abdalla Farhan Farjala

Appellant

Malik Farhan Farjala

Appellant

Saburi Farhan Farjala

Appellant

Rashid Khamis Said

Respondent

Masika Rashid Khamis

Respondent (substituted)

Procedural Posture

Civil Appeal / Judgment on Appeal

  1. 1 Whether the respondent proved inheritance of the disputed land
  2. 2 Whether the appellants proved their claim to the land
  3. 3 Whether the suit was time-barred under the Limitation Decree

Ratio Decidendi

The suit was time-barred as both parties failed to prove inheritance with documentary evidence, and the respondent's possession exceeded the statutory limitation period, barring the appellants' claim.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.