19950929 TZHC Dar es Salaam

19950929 TZHC Dar es Salaam

The court found no sufficient grounds to overturn the concurrent findings of the lower courts that the ex-pori land was lawfully allocated to the respondent. The appellant failed to produce the original of Exhibit 'B', and the explanation of forgery by the respondent was convincing. The appeal was dismissed as...

Source-derived case information.

Citation
19950929 TZHC Dar es Salaam
Parties
Appellant: Stephen Ngonyani; Respondent: Flavian Baltazary
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 1995
Procedural Posture
Civil Appeal / Second Appeal From District Court Decision, Originating From Primary Court
Outcome
Appeal dismissed with costs
Legal Topics
Allocation of Land, Forgery of Documents, Concurrent Findings, Burden of Proof
Source Language
english
Land Law Civil Procedure Allocation of Land Forgery of Documents Concurrent Findings Burden of Proof

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Summary, issues, holding and outcome

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Parties

Stephen Ngonyani

Appellant

Flavian Baltazary

Respondent

Procedural Posture

Civil Appeal / Second Appeal From District Court Decision, Originating From Primary Court

Legal Issues

  1. 1 Whether the ex-pori land was lawfully allocated to the respondent or the appellant
  2. 2 Whether Exhibit 'B' produced by the appellant was a forgery
  3. 3 Whether there are grounds to overturn the concurrent findings of the lower courts

Ratio Decidendi

The court found no sufficient grounds to overturn the concurrent findings of the lower courts that the ex-pori land was lawfully allocated to the respondent. The appellant failed to produce the original of Exhibit 'B', and the explanation of forgery by the respondent was convincing. The appeal was dismissed as meritless.

Court Disposition

Appeal dismissed with costs

Orders

  • The land remains the exclusive property of the respondent as decreed by the lower courts.