20171011 TZHC Mwanza

20171011 TZHC Mwanza

The appellant's claim was time-barred due to the first respondent's long adverse possession since the early eighties, and the land was given away by the appellant's father. The trial tribunal's dismissal of the claim was justified.

Citation
20171011 TZHC Mwanza
Parties
Appellant: Saranga Wambura; 1st Respondent: Eliza Lukiko; 2nd Respondent: Mussa Magambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 October 2017
Procedural Posture
Miscellaneous Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Adverse Possession, Limitation of Actions, Locus Standi, Family Property
Source Language
English
Land Law Civil Procedure Adverse Possession Limitation of Actions Locus Standi Family Property

Case Brief

Summary, issues, holding and outcome

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Parties

Saranga Wambura

Appellant

Eliza Lukiko

1st Respondent

Mussa Magambo

2nd Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment

Legal Issues

  1. 1 whether the appellant had locus standi to reclaim the land
  2. 2 whether the claim was time-barred under the Law of Limitation Act
  3. 3 whether the first respondent acquired title by prescription

Ratio Decidendi

The appellant's claim was time-barred due to the first respondent's long adverse possession since the early eighties, and the land was given away by the appellant's father. The trial tribunal's dismissal of the claim was justified.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed in its entirety with cost
  • appellant has right of appeal to the Court of Appeal on point of law