shija kitina vs mayige so seleli others 2014 tzca 306 10 february 2014
The DLHT improperly applied the principle of acquiescence as the respondents' occupation did not exceed the statutory limitation period, and the appellant had sufficient locus standi and evidence to claim title.
- Citation
- shija kitina vs mayige so seleli others 2014 tzca 306 10 february 2014
- Parties
- Appellant: Shija Kitina; Respondent: Mayige S/O Seleli; Respondent: 3rd respondent; Respondent: 5th respondent; Respondent: 2nd respondent; Respondent: 4th respondent; Respondent: 6th respondent
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 February 2014
- Procedural Posture
- Land Case Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Acquiescence, Limitation Period, Locus Standi, Abatement of Suit
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shija Kitina
Appellant
Mayige S/O Seleli
Respondent
3rd respondent
Respondent
5th respondent
Respondent
2nd respondent
Respondent
4th respondent
Respondent
6th respondent
Respondent
Procedural Posture
Land Case Appeal / Judgment
Legal Issues
- 1 Whether the principle of acquiescence was properly invoked by the DLHT
- 2 Whether the appellant had established title to the disputed land
- 3 Whether the suit was properly abated against deceased respondents
Ratio Decidendi
The DLHT improperly applied the principle of acquiescence as the respondents' occupation did not exceed the statutory limitation period, and the appellant had sufficient locus standi and evidence to claim title.
Court Disposition
appeal allowed
Orders
- Decision of the DLHT quashed
- DLHT orders set aside
Full Case Text
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