shemsi khamis juma vs mohd kombo juma 2013 tzhc 2027 21 may 2013

shemsi khamis juma vs mohd kombo juma 2013 tzhc 2027 21 may 2013

The respondent proved his claim to the disputed plot on the balance of probabilities through credible witness testimony and evidence, while the appellant failed to establish that the plot he purchased was the one in dispute. The Tribunal did not err in its decision.

Citation
shemsi khamis juma vs mohd kombo juma 2013 tzhc 2027 21 may 2013
Parties
Appellant: Shemsi Khamis Juma; Respondent: Moh’d Kombo Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 May 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Land Ownership, Burden of Proof, Evidence, Appeals
Source Language
English
Property Law Civil Procedure Land Ownership Burden of Proof Evidence Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Shemsi Khamis Juma

Appellant

Moh’d Kombo Juma

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent proved ownership of the disputed plot on the balance of probabilities
  2. 2 Whether the land Tribunal erred in its decision in favour of the respondent

Ratio Decidendi

The respondent proved his claim to the disputed plot on the balance of probabilities through credible witness testimony and evidence, while the appellant failed to establish that the plot he purchased was the one in dispute. The Tribunal did not err in its decision.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment and decree of the land Tribunal upheld