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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the respondent proved inheritance of the disputed land
- 2 Whether the appellants proved their claim to the land
- 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.
Full Case Text
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