rukia saidi hussein 2013 tzhc 2063 5 july 2013

rukia saidi hussein 2013 tzhc 2063 5 july 2013

Appellant failed to prove administrator appointment or ownership; new issues raised on appeal were not canvassed at trial; trial tribunal properly evaluated evidence and was justified in blessing the sale agreement and disregarding assessors' opinions.

Citation
rukia saidi hussein 2013 tzhc 2063 5 july 2013
Parties
Appellant: Rukia Saidi Hussein; 1st Respondent: Wilbard Furia Otaru; 2nd Respondent: Ally Juma Dadi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 July 2013
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Ownership Dispute, Administrator Appointment, Matrimonial Property Rights, Sale of Estate Property
Source Language
English
Land Law Probate Matrimonial Property Ownership Dispute Administrator Appointment Matrimonial Property Rights Sale of Estate Property

Case Brief

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Parties

Rukia Saidi Hussein

Appellant

Wilbard Furia Otaru

1st Respondent

Ally Juma Dadi

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the sale of the suit house by the 2nd respondent to the 1st respondent is unlawful
  2. 2 Whether possession of the suit house by the appellant is adverse
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

Appellant failed to prove administrator appointment or ownership; new issues raised on appeal were not canvassed at trial; trial tribunal properly evaluated evidence and was justified in blessing the sale agreement and disregarding assessors' opinions.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • costs awarded to respondents