19929619 TZCA Dar es Salaam

19929619 TZCA Dar es Salaam

The appellant's long occupation of the land (about thirty years) and the expiry of the maximum period for redemption, even if the pawn story were true, justified upholding the first appellate court's decision in her favor.

Citation
19929619 TZCA Dar es Salaam
Parties
Appellant: Stephania Remi; Respondent: Christian Seraphine
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 1992
Procedural Posture
Civil Appeal / Third Appeal (court of Appeal of Tanzania)
Outcome
appeal allowed
Legal Topics
Adverse Possession, Pawn of Land, Limitation Period, Credibility of Witnesses
Source Language
English
Land Law Civil Procedure Adverse Possession Pawn of Land Limitation Period Credibility of Witnesses

Case Brief

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Parties

Stephania Remi

Appellant

Christian Seraphine

Respondent

Procedural Posture

Civil Appeal / Third Appeal (court of Appeal of Tanzania)

Legal Issues

  1. 1 Whether the respondent's claim to redeem the pawned land was time-barred
  2. 2 Whether the High Court erred in restoring the Primary Court's decision based on credibility of witnesses
  3. 3 Whether long occupation by the appellant's family extinguished the respondent's claim

Ratio Decidendi

The appellant's long occupation of the land (about thirty years) and the expiry of the maximum period for redemption, even if the pawn story were true, justified upholding the first appellate court's decision in her favor.

Court Disposition

appeal allowed

Orders

  • Appeal allowed with costs.