salum hassan vs sultan omar administrator of the estate of habiba mohamed another 2018 tzhclandd 486 10 august 2018

salum hassan vs sultan omar administrator of the estate of habiba mohamed another 2018 tzhclandd 486 10 august 2018

Appellant failed to prove ownership of the disputed land due to conflicting claims and lack of evidence; the trial Tribunal's findings are upheld as Appellant's arguments were not substantiated and new issues cannot be raised at appeal.

Source-derived case information.

Citation
salum hassan vs sultan omar administrator of the estate of habiba mohamed another 2018 tzhclandd 486 10 august 2018
Parties
Appellant: Salum Hassan; 1st Respondent: Sultan Omari (as administrator of the estate of Habiba Mohamed); 2nd Respondent: Aulelia Kakoki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 August 2018
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Ownership Dispute, Sale Agreement, Inheritance, Evidence Handling
Source Language
english
Land Law Ownership Dispute Sale Agreement Inheritance Evidence Handling

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Parties

Salum Hassan

Appellant

Sultan Omari (as administrator of the estate of Habiba Mohamed)

1st Respondent

Aulelia Kakoki

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Who is the lawful owner of the disputed land?
  2. 2 Whether the trial Tribunal erred in law and fact by delivering judgment in favor of the Respondent without considering the Appellant's ownership and the original Sale Agreement

Ratio Decidendi

Appellant failed to prove ownership of the disputed land due to conflicting claims and lack of evidence; the trial Tribunal's findings are upheld as Appellant's arguments were not substantiated and new issues cannot be raised at appeal.

Court Disposition

appeal dismissed with costs

Orders

  • Decision of District Land and Housing Tribunal of Temeke in Land Application No. 121 of 2012 upheld
  • Appeal dismissed with costs