severina mbunji vs doto chamakali 2018 tzhclandd 506 10 august 2018

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

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Parties

Severina Mbunji

Appellant

Doto Chamakali

Respondent

Procedural Posture

Miscellaneous Land Appeal / Final Judgment at High Court

  1. 1 Whether the respondent acquired ownership of the disputed land by adverse possession
  2. 2 Whether the Ward Tribunal and District Land and Housing Tribunal were properly constituted
  3. 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