severina mbunji vs doto chamakali 2018 tzhclandd 506 10 august 2018
The respondent acquired lawful ownership of the disputed land by virtue of uninterrupted occupation for over 17 years, satisfying the requirements of adverse possession. The tribunals were properly constituted, and the appellant's grounds lacked merit.
- Citation
- severina mbunji vs doto chamakali 2018 tzhclandd 506 10 august 2018
- Parties
- Appellant: Severina Mbunji; Respondent: Doto Chamakali
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 August 2018
- Procedural Posture
- Miscellaneous Land Appeal / Final Judgment at High Court
- Outcome
- appeal dismissed
- Legal Topics
- Adverse Possession, Tribunal Composition, Limitation Period, Evidence Admissibility
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Severina Mbunji
Appellant
Doto Chamakali
Respondent
Procedural Posture
Miscellaneous Land Appeal / Final Judgment at High Court
Legal Issues
- 1 Whether the respondent acquired ownership of the disputed land by adverse possession
- 2 Whether the Ward Tribunal and District Land and Housing Tribunal were properly constituted
- 3 Whether the respondent's father was a necessary party or witness
Ratio Decidendi
The respondent acquired lawful ownership of the disputed land by virtue of uninterrupted occupation for over 17 years, satisfying the requirements of adverse possession. The tribunals were properly constituted, and the appellant's grounds lacked merit.
Court Disposition
appeal dismissed
Orders
- Decision and orders of the District Land and Housing Tribunal and Ward Tribunal upheld
- Appellant to pay costs
Full Case Text
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