20100517 TZHC Dar es Salaam

20100517 TZHC Dar es Salaam

The evidence, including the survey plan and testimony from the municipal surveyor, did not establish the existence of a public road on the suit premises. The trial magistrate did not err in law or fact by holding that no public road existed and by not relying on the survey plan. The appeal lacks merit and is dismissed.

Citation
20100517 TZHC Dar es Salaam
Parties
Appellant: Sospeter M. Ndalahwa; Respondent: Nathaniel Chamlomo; Respondent: Patrick Chamlomo; Respondent: Saulo Chamlomo; Respondent: Yona Ojuku Chamlomo; Respondent: Syprian Simon Chamlomo; Respondent: Khalfan Salehe Pembe; Respondent: Abdalah Mazongela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 May 2010
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Public Roads, Survey Plans, Powers of Local Authorities, Appeals Process
Source Language
English
Land Law Civil Procedure Public Roads Survey Plans Powers of Local Authorities Appeals Process

Case Brief

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Parties

Sospeter M. Ndalahwa

Appellant

Nathaniel Chamlomo

Respondent

Patrick Chamlomo

Respondent

Saulo Chamlomo

Respondent

Yona Ojuku Chamlomo

Respondent

Syprian Simon Chamlomo

Respondent

Khalfan Salehe Pembe

Respondent

Abdalah Mazongela

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred by disregarding survey plan no E 158/83
  2. 2 Whether a public road existed on the suit premises
  3. 3 Whether the trial magistrate erred by ordering a new survey

Ratio Decidendi

The evidence, including the survey plan and testimony from the municipal surveyor, did not establish the existence of a public road on the suit premises. The trial magistrate did not err in law or fact by holding that no public road existed and by not relying on the survey plan. The appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed with costs