riziki juma alawi another vs hafidh abdalla zahor 2014 tzhc 2159 19 august 2014

riziki juma alawi another vs hafidh abdalla zahor 2014 tzhc 2159 19 august 2014

The appellants failed to prove their claim to the shamba on the balance of probabilities, as they did not provide valid evidence of a government grant, and the Tribunal was correct in refusing to admit an unauthorised document and not calling witnesses for the parties.

Citation
riziki juma alawi another vs hafidh abdalla zahor 2014 tzhc 2159 19 august 2014
Parties
Appellant: Riziki Juma Alawi; Appellant: Thabit Hakim Haji; Respondent: Hafidh Abdalla Zahor
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 August 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Burden of Proof, Evidence Admissibility, Ownership Dispute
Source Language
English
Land Law Civil Procedure Burden of Proof Evidence Admissibility Ownership Dispute

Case Brief

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Parties

Riziki Juma Alawi

Appellant

Thabit Hakim Haji

Appellant

Hafidh Abdalla Zahor

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants proved their claim to ownership of the shamba in dispute
  2. 2 Whether the Land Tribunal erred in refusing to admit the 1st appellant's documents and in not calling Land Department officers as witnesses
  3. 3 Whether the 2nd appellant was entitled to proceeds from the cloves picked from the shamba

Ratio Decidendi

The appellants failed to prove their claim to the shamba on the balance of probabilities, as they did not provide valid evidence of a government grant, and the Tribunal was correct in refusing to admit an unauthorised document and not calling witnesses for the parties.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent