20121002 TZHC Mbeya

20121002 TZHC Mbeya

The appellant's claim is time-barred as the respondent had undisturbed possession of the land for more than 12 years, and the Law of Limitation Act applies to the proceedings in the District Land and Housing Tribunal. The grounds of appeal lack merit and the appeal is dismissed.

Citation
20121002 TZHC Mbeya
Parties
Appellant: Said Milinca; Respondent: Samweli Mwangosi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 October 2012
Procedural Posture
Land Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Adverse Possession, Limitation Period, Inheritance of Land, Sale of Land, Jurisdiction of Tribunals
Source Language
English
Land Law Civil Procedure Adverse Possession Limitation Period Inheritance of Land Sale of Land Jurisdiction of Tribunals

Case Brief

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Parties

Said Milinca

Appellant

Samweli Mwangosi

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's claim to the disputed land is time-barred under the Law of Limitation Act
  2. 2 Whether the District Land and Housing Tribunal erred in law and fact in its decision regarding the sale and possession of the disputed land

Ratio Decidendi

The appellant's claim is time-barred as the respondent had undisturbed possession of the land for more than 12 years, and the Law of Limitation Act applies to the proceedings in the District Land and Housing Tribunal. The grounds of appeal lack merit and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent