19860826 TZHC Dar es Salaam
A person who has occupied and developed land for over twenty years is presumed to own both the land and the perennial plants on it, especially where the contrary is not credibly established.
Source-derived case information.
- Citation
- 19860826 TZHC Dar es Salaam
- Parties
- Appellant: Salum Njoka; Respondent: Emiliani Likazi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 August 1986
- Procedural Posture
- Civil Appeal / Second Appeal (high Court)
- Outcome
- Appeal dismissed
- Legal Topics
- Land Ownership, Possession, Perennial Plants, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salum Njoka
Appellant
Emiliani Likazi
Respondent
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Legal Issues
- 1 Whether the respondent is the rightful owner of the perennial plants on the disputed land
- 2 Whether the appellant is entitled to harvest produce from the plants
Ratio Decidendi
A person who has occupied and developed land for over twenty years is presumed to own both the land and the perennial plants on it, especially where the contrary is not credibly established.
Court Disposition
Appeal dismissed
Orders
- Decision of the district court sustained
- Costs in all courts awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
IN '11BE HIGH COURT OF TANZANIA AT DAR ES SALAAM (PC) CIVIL APPEAL NO. 65 OF: 1985. · (From the decision of the District Court of I<ilombero at Ifakc\ra in Civil AppeaJ. No. 4 of ·1985) SALUM NJOICA.. • 0 • • O . • . • -~ ~ . O. 0 • • • • • a ♦ 1 . O o • ♦ ♦ 0 . . . . O ♦ ♦ ♦• O o. ♦ .RESPOND~ versus EMILIANI LIK..\ZI • ., o ., • • . • • . • • • • , • • . • . • • • . • • • • .. • . • • •·• • • • • .APPELLANT / JUDGEMENT MAPlGAfI0 1 J. In his judgment the lea.med district magistrate at Ifalcara held that the respondent Emilia.ni Lilcali has been occupying the land in question for a period of upwards of twenty years. That was not in dispute and one gets the impression that· the respondent has e:x:pended·a lot of money and energy in developing the land~ The appellant Salum Njoka has not· been claiming the shamba as such. As I understand it, his olaim is confined to some of the perrenial plants like coconut and mai::igo trees which stand on it~ His allega- tion is that those plants belong to him and that the respondent has debarred him from hn.rvesting their produce. The primary- court found t_hat the plants in question belonged to the appellant, but that finding was reversed by the learned· district magistrate on first appeal. The learned district magistrate found it d.iff"1:ult to believe that the respondent could have held and occupied the ahamba for all that long without at the same time owning the plants. I share his view• I also entertain the strong suspicion that this suit is borne out of envy. It seems from the respondent's testimony that there is a group of villager~ which still regards him as a stranger in the locality and dislilces what he has done to the land. There has been some unpleasant incidents previously and on t.-to occasions the respondent successfully ins ti tutod crimina1 proceedings against two of his opponents. I sustain the decision of the district court and dismiss the appeal in its entirety and award the costs in aJ.l the courts to the· respondent. At Dax es Salaam 26th August,1986. t~~\3'''·~ (D.P.1!1/JAPIGANO) / ..rtJI)GE• _,,...//