robert anthony lymo vs rajabu mgonto 2016 tzhc 2116 14 december 2016

No irregularity, misdirection, or misapplication of law was found in the lower tribunals’ decisions; the appeal is dismissed and the concurrent findings are upheld.

Citation: robert anthony lymo vs rajabu mgonto 2016 tzhc 2116 14 december 2016
Parties: Appellant: Robert Anthony Lymo; Respondent: Rajabu Mgonto
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 December 2016
Procedural Posture: Land Case Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Land Ownership, Adverse Possession, Administration of Estates, Tribunal Procedure
Source Language: English

Land Law Land Ownership Adverse Possession Administration of Estates Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Anthony Lymo

Appellant

Rajabu Mgonto

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

1 Whether the appellant redeemed the disputed land from the respondent’s family
2 Whether the appellant was a trespasser despite long occupation
3 Whether the respondent was properly appointed as caretaker of the estate

Ratio Decidendi

No irregularity, misdirection, or misapplication of law was found in the lower tribunals’ decisions; the appeal is dismissed and the concurrent findings are upheld.

Court Disposition

appeal dismissed with costs

Orders

appeal dismissed
costs awarded to respondent