19850118 TZHC Dar es Salaam
No point of law arises as both lower courts found as fact that the respondent was the original possessor and allowed the applicant to cultivate the land; adverse possession was not established by the applicant and cannot be raised at this stage.
- Citation
- 19850118 TZHC Dar es Salaam
- Parties
- Applicant: Rashidi Abdallah; Respondent: Juma Kiloyo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 January 1985
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Certificate to Appeal on Point of Law
- Outcome
- Application dismissed; certificate refused.
- Legal Topics
- Adverse Possession, Certificate to Appeal, Point of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rashidi Abdallah
Applicant
Juma Kiloyo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Certificate to Appeal on Point of Law
Legal Issues
- 1 Whether there is a point of law of general public importance to certify for appeal
- 2 Whether the applicant can claim adverse possession at this stage
Ratio Decidendi
No point of law arises as both lower courts found as fact that the respondent was the original possessor and allowed the applicant to cultivate the land; adverse possession was not established by the applicant and cannot be raised at this stage.
Court Disposition
Application dismissed; certificate refused.
Orders
- Certificate for appeal on point of law refused
- Application dismissed
Full Case Text
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